Sexual Harassment At Workplace: Delhi High Court Upholds Dismissal Of Judge

Delhi High Court on Friday dismissed a writ petition filed by an ex officer of Delhi Higher Judicial Services (DHJS) who was dismissed from service after complaints of sexual harassment at workplace was filed by a female ahalmad of District Court, Dwarka.

The judgment was delivered by a Division Bench comprising of Justice Rajiv Sahai Endlaw and Justice Asha Menon.

The factual matrix of the petition dates back to the year 2016 when the petitioner, after being promoted to DHJS, was posted at the Dwarka District Court.

Two complaints of sexual harassment were filed by the female ahalmad on 5th July and 11th July 2016.

An Internal Complaint Committee (ICC) was set up on 19th July 2016 under sec. 4 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. However, no proved allegation was found against the petitioner by the ICC.

Thereafter, disciplinary proceedings were initiated by the High Court on 16th November 2016 for major penalty under Rule 8 of All India Services (Discipline and Appeal) Rules, 1969. Subsequently, inquiry was held from 19th September 2017 to 19th February 2018. An inquiry report was made on 9th March 2018.

Being aggrieved by this, the petitioner preferred a writ petition before the Supreme Court wherein the Court vide judgment dated 21.08.2019 disposed of the petition with the direction that the inquiry report dated 9th March 2018 was a report under Sec. 13 of the Sexual Harassment Act and was appealable under Sec. 18 of the said Act.

The petitioner was dismissed from service vide letter dated 16th March 2020 after the approval of Govt. of NCT of Delhi on the recommendation of the High Court.

The present petition was filed by the petitioner seeking restoration of his service in the DHJS with all consequential benefits.

The bench after analyzing the facts of the present case, observed that:

"As far as the conclusion reached in the Report dated 9th March, 2018 that the allegations in the complaint of Ms. M against the petitioner, of sexual harassment at workplace, have been proved, is concerned, neither has the counsel for the petitioner addressed any argument on the same nor do we, after having judicially examined the said report, find any flaw whatsoever therein; rather, having judicially examined the report, not only as to the procedure followed and opportunities at each and every stage provided to the petitioner but also on merits, we are more than convinced, of the conclusion having been rightly drawn on the basis of material on record, that the allegations of sexual harassment against the petitioner, stand proved."

While making the said observation, the court dismissed the petition.

Case Name: Dr. P.S. Malik v. High Court of Delhi

Judgment dated: 29.01.2021