ORAL JUDGMENT

Mr. Tribhuvan Dahiya, J.

This petition has been filed seeking a writ of certiorari quashing the inquiry report, dated 06.03.2019 (Annexure P-18), by the Internal Complaints Committee being in violation of the procedure; and the termination order, dated 05.08.2019 (Annexure P-20), removing the petitioner from service on that basis. Further, a direction has been sought to reinstate him on the post of Extension Lecturer (Economics) with all consequential benefits.

2. Briefly, facts of the case are, the petitioner after retirement from the Indian Air Force, was appointed as Extension Lecturer (Economics) in Government Girls College, Kharkhara, Rewari, on 01.08.2014. Later, he was served a relieving order, dated 11.01.2019, on account of decreased workload of the subject.

2.1 The relieving order was challenged by the petitioner before this Court by filing CWP-1443-2019, and the same was stayed vide order dated 21.01.2019.

2.2 On 16.02.2019, the petitioner was served a show cause notice, Annexure P-5, regarding complaints by girl students and a staff member alleging misbehaviour and wrongful conduct. He was informed that the complaints have been marked for inquiry to the Committee against Sexual Harassment (hereinafter referred to as 'the Committee'), requiring him to explain the position within three days.

2.3 The petitioner filed a detailed reply dated 21.02.2019, Annexure P-12, denying all the allegations, alleging that it was a conspiracy against him by respondent No.4.

2.4 The Committee, comprising of respondents No.6 to 9 who were working as Associate Professors in different subjects in the College, inquired into the allegations levelled by the girl students as well as the staff member against the petitioner, and submitted the impugned report dated 06.03.2019. It concluded that the petitioner's conduct and behaviour with the girl students was not proper, as it vitiated the academic environment in learning institution. It was also noted that the complainant staff member/respondent No.4 did not put forward her view point before the Committee by submitting that she was not facing any problem. The complainants were advised to take recourse to legal remedies available to them as per law. None of the girls had alleged any physical assault, touch or physical contact by the petitioner. The report was, accordingly, submitted to respondent No.3/Principal for necessary action.

2.5 The Committee's report was not served on the petitioner, nor was he afforded any opportunity to file appeal against the same before the appellate authority.

2.6 Later, he was issued a show cause notice dated 26.07.2019, Annexure P-17, as to why disciplinary action be not taken against him. The Committee's report, dated 06.03.2019, was also attached along with this notice, and that was the first time he could access it.

2.7 The petitioner submitted his reply dated 01.08.2019, Annexure P-19, to the same. An objection was taken that constitution of the Committee was not as per the rules, as no independent person belonging to a Non-Government Organisation (NGO) was its member. It was also stated that the Committee's report was not furnished to him, and was denied the opportunity to challenge its findings. On merits also, it was asserted that none of the charges was, in fact, made out against him, and the Committee did not conduct the proceedings in accordance with law. He was not afforded proper opportunity to defend himself.

2.8 After receiving the reply, respondent No.3/Principal of the College removed the pe