SANJAY KUMAR Vs. CHAIRPERSON AND DISCIPLINARY

JUDGEMENT

(1.) Petitioner has filed the present writ petition for quashing the impugned order dated 3.9.2004, passed by the Chairperson, NDMC, proposing the imposition of penalty of removal from service.

(2.) The Chairperson of NDMC had received a complaint against a driver of NDMC, who was driving car bearing registration No.DL53H-4973 on 2.8.2004. It was a complaint of sexual harassment. The identity of the complainant was accordingly kept confidential. The gist of the allegation, as reproduced in the Memorandum may be noted:-

(3.) Considering the nature and seriousness of the complaint, the Chairperson appointed an Enquiry Committee to enquire into the incident and submit its report. The Enquiry committee reached the conclusion that the petitioner appears to be guilty of the charges levelled against him. The Committee also relied on the examination of the complainant and his demeanor in the inquiry proceedings. The Enquiry Committee observed that petitioner had tarnished the image of the organisation and recommended appropriate action as per rules. The Chairperson accepted the report of the Enquiry Committee. The Chairperson was of the view that regular departmental enquiry was not feasible and action under Rule 19(ii) of CCS (CCA) Rules should be taken against the petitioner. Further, she came to the conclusion that petitioner was not fit to be retained in the organisation, considering the gravity of misconduct and, therefore, gave an opportunity of making representation on the proposed major penalty.