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2022 Supreme(UK) 174

RAVINDRA MAITHANI
Dheeraj Singh Bisht – Appellant
Versus
Chairman Cum Managing Director, Punjab National Bank – Respondent


Advocates Appeared:
For the Petitioner:Mr. H.C. Bisht, Advocate.
For the Respondents:Mr. V.K. Kohli, Senior Advocate, assisted by Mr. Kanti Ram Sharma, Advocate.

JUDGMENT :

1. The challenge in this writ petition is made to the enquiry report dated 15.04.2020; the charge sheet dated 19.12.2019; the order dated 23.04.2020, by which the petitioner was compulsorily retired with superannuation benefits; and order dated 29.12.2020, passed in the appeal dismissing the departmental appeal preferred by the petitioner.

2. Facts necessary to appreciate the controversy, briefly stated, are as follows. The victim was working in a Branch of Punjab National Bank. The petitioner was also working in the same branch. The victim made a complaint against the petitioner on 06.11.2019 with regard to sexual harassment done by the petitioner. Particularly, two incidents were reported, namely, 30.10.2019 and 04.11.2019. There was an Internal Complaints Committee (“ICC”) in the bank. The ICC took up the matter, recorded the statements of the witnesses, collected other materials and submitted its report on 06.12.2019. The ICC concluded as follows:-

    “1. The allegations regarding Touching/invading Personal space or Mental and sexual harassment leveled against Sh. Dheeraj

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