JUDGMENT :

Heard Mr. R.M. Deka, learned counsel for the petitioner. Also heard Mr. M. Nath, learned standing counsel for the P&RD Department appearing for all the respondents.

2. The case of the petitioner, in brief, is that in course of his service, allegations of sexual harassment at workplace was made against him and accordingly, the Presiding Officer, Internal Complaints Committee (respondent no.3), by serving a show-cause notice dated 07.03.2020 along with copies of complaints filed against the petitioner alleging sexual harassment, thereby directing the petitioner to file his show-cause reply within 10 (ten) days and to attend the enquiry proceeding on 19.03.2020. The said proceeding was as per Rule 7(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013. However, on 17.03.2020, the petitioner was arrested in connection with Mikirbheta PS Case No. 89/2020 under Sections 354/ 354A, 509 /294(b), wherein the allegation was to the effect that the petitioner had tried to outrage the modesty of the victim. As the petitioner was under arrest, he could not participate in the enquiry. The petitioner was released on bail on 26.03.2020. However, in the meanwhile, by the impugned order dated 20.03.2020, the contract agreement dated 23.04.2019 with the petitioner was terminated. The aggrieved petitioner had filed W.P.(C) No.4122/2020 to assail the impugned order dated 20.03.2020 passed by the respondent no. 2, thereby terminating the contract agreement of the petitioner; for directing the respondent to recall/ rescind/ cancel and/or forbear from giving effect to the said impugned order dated 20.03.2020; as well as for a direction to the respondents to allow the petitioner to work as Block Project Manager, Assam State Rural Livelihoods Mission.

3. During the pendency of the said W.P.(C) 4122/2020, the petitioner had also filed WP(C) 1511/2021, with prayer for setting aside the recommendation of the Internal Complaints Committee dated 20.03.2020; to terminate the service of the petitioner; for a direction to the respondent to recall/ rescind / cancel and / or forbear from giving effect to the said recommendation of the Internal Complaints Committee dated 20.03.2020; for setting aside the impugned order dated 20.03.2020 issued by the respondent no.2, thereby terminating the contract agreement for the post of Block Project Manager, Assam State Rural Livelihoods Mission; for directing the respondents to recall/ rescind / cancel and / or forbear from giving effect to the said impugned order dated 20.03.2020; and to allow the petitioner to continue as Block Project Manager of the said Society.

4. The learned counsel for the petitioner has submitted that the petitioner was not provided any opportunity of defending himself in respect of charges framed against him. It is also submitted that the respondent authority had taken a decision of terminating the service of the petitioner. It is also submitted that the petitioner was prevented from participating in the proceeding before the Internal Complaints Committee on 19.03.2020 as he was arrested on 17.03.2020. Accordingly, it is submitted that the principles of natural justice was violated. It is also submitted that the petitioner was victimized twice for the said offence as the petitioner is not only required to defend himself in the criminal proceeding, but on the same set of allegation, the Internal Complaints Committee had enquired into the matter. It is submitted that in view of the recommendations made by the Internal Complaints Committee in its report dated 20.03.2020, the service of the petitioner was hastily terminated on the same day without giving any opportunity to the petitioner of being heard. It is also submitted that the impugned actions of the petitioner were illegal, arbitrary, mala fide, unfair, unreasonable, irrational, discriminatory and capricious and in violation of Articles 14 and 16 of the Constitution of India. In support of h