ANIL DUTT Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, the petitioner has prayed for the following substantive relief:-

(2.) Brief facts necessary for adjudication of the petition are that in the year 2016, petitioner was posted as Assistant Commandant, 1st IRBn, Bangarh, District Una. A complaint of sexual harassment was filed against him by a female official of Police Department. An inquiry was held by Internal Complaint Committee for Sexual Harassment of Women at work place (for short the "ICC"). The ICC vide report dtd. 23/12/2016, expressed its view that the allegations against the petitioner were proved beyond doubt. Accordingly, the ICC recommended disciplinary action against the petitioner.

(3.) Taking cognizance of the report, submitted by the ICC, the Disciplinary Authority vide order dtd. 3/7/2017 proposed major penalty against the petitioner and afforded him an opportunity to explain as to why he should not be compulsorily retired from service. Petitioner submitted his representation against the order dtd. 3/7/2017. The Disciplinary Authority after considering the representation of the petitioner, imposed a penalty of compulsory retirement from service upon the petitioner vide order dtd. 24/8/2018. Petitioner assailed the order of Disciplinary Authority by filing a revision petition and also sought a legal remedy by filing O.A. before the erstwhile H.P. State Administrative Tribunal. The Tribunal directed the Revisional Authority to take a decision in the matter and held that the O.A. of the petitioner was not maintainable without final decision in the revision petition. Finally, the revision petition of the petitioner was also rejected by the competent authority vide order dtd. 19/12/2019.