In departmental proceedings, the Enquiry Officer must function as a neutral adjudicator. Assuming the role of a prosecutor or failing to ensure fair hearing, including the right to cross-examine and the opportunity to exercise statutory appellate rights, violates the principles of natural justice and vitiates the entire inquiry.

ORDER :

SRI ANANDA SEN, J.

1. Petitioner, in this writ petition, has prayed for the following relief:-

(i) For issuance of an appropriate writ(s)/ order(s)/ directions(s) or a writ in the nature of certiorari for quashing of the Inquiry Report of the Internal Complaints Committee, dated 24.07.2019 (Annexure-1) since the said Inquiry was conducted in violation of the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and in breach of the principles of natural justice;

(ii) For issuance of an appropriate writ(s)/ order(s)/ directions(s) or a writ in the nature of mandamus for quashing of the Order having Reference No. GO/Estb/Susp/ 19-20/3189 dated 06.08.2019, issued by Registrar of Respondent No. 2 (Annexure-2) vide which the petitioner had been placed under suspension and further declare it as non-est in the eyes of law;

(iii) For issuance of an appropriate writ(s)/ order(s)/ directions(s) or a writ in the nature of certiorari for quashing of the impugned Order No.GO/Estb/Susp/19-20/3298 dated 13.08.2019, issued by Registrar of Respondent No. 2 (Annexure 3) instituting disciplinary proceedings against the petitioner vide which the petitioner and further declaring it as non-est in the eyes of law;

(iv) For issuance of an appropriate writ(s)/ order(s)/ directions(s) or a writ in the nature of certiorari for quashing of the Order having Reference No. GO/Fac-MC/Displ/19-20/5942 dated 21.01.2020 (Annexure-4) issued by Respondent No. 2 vide which the petitioner has been dismissed from the services of the institute with immediate effect;

(v) For issuance of an appropriate writ(s)/ order(s)/ directions(s) or a writ in the nature of certiorari for quashing of the impugned Inquiry Report dated 21.01.2020 (Annexure 17) in the disciplinary proceedings against the petitioner;

(vi) For issuance of an appropriate writ(s)/ order(s)/ direction(s) or a writ in the nature of mandamus commanding upon the respondents to reinstate the petitioner into the services of Respondent No. 2 Institute with all consequential benefits;

(vii) Direct Respondent No. 3 to bear the cost of this petition;

2. The brief facts, which gave rise to this writ petition is that this petitioner was serving as DEAN in the respondent No.2 institute. An allegation was leveled by an employee of a Third Party Organisation, who was working in the institute, that this petitioner had sexually harassed her. I have deliberately withheld the identity of the woman and the third party organization for the purpose of privacy. On the said complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an enquiry was conducted by the Internal Complaints Committee. The Committee found that the allegations leveled is correct, thus, a report was submitted against the petitioner with a recommendation to initiate a Departmental Proceeding. The petitioner was served with a chargesheet in the Departmental Proceeding along with a copy of the report of the Internal Complaints Committee. The petitioner submitted his re