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TRIBHUVAN DAHIYA
Manoj Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petition filed for quashing inquiry report and termination. (Para 1 , 2) |
| 2. arguments for illegal termination and violation of regulations. (Para 3 , 4) |
| 3. procedure for inquiry under sexual harassment regulations. (Para 6 , 7) |
| 4. improper committee constitution voids findings. (Para 8 , 9) |
| 5. violation of natural justice in termination. (Para 10 , 11) |
| 6. orders for de novo inquiry and reinstatement consideration. (Para 12 , 13 , 14) |
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 accou
The court emphasized that procedural safeguards and principles of natural justice must be strictly adhered to in disciplinary inquiries against probationers, including the right to be heard and to cr....
The main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
A person who participates in the enquiry proceedings without objection cannot challenge the constitution of the Committee after the result goes against them, and may not have an alternative efficacio....
The judgment emphasizes the importance of adhering to statutory provisions, conducting fair and independent enquiries, and upholding principles of natural justice in cases of sexual harassment at the....
The court established that disciplinary action under Section 14 of the Sexual Harassment of Women at Workplace Act requires a finding of malicious intent or knowledge of falsity, which was not presen....
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