Shri Sanjay Kumar vs The Chairperson And Disciplinary ...
2004 Latest Caselaw 1208 Del

JUDGMENT

Manmohan Sarin, J.

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:-

"On 2nd August when she was waiting for public conveyance the car bearing Regd. No. DL5CH-4973 stopped beside her and the driver with suggestive gestures and expression offered her lift in the car. On her refusal the driver not only passed obscene comments but also started pointed towards his exposed private parts from his seat. He ran away with the car when she threatened to raise alarm. She narrated the traumatic experience she has undergone and with the help of Regd.Number and mention of Govt.Vehicle o the registration plate she could trace it belonging to NDMC."

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. urther, 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.

4. Learned counsel for the petitioner has assailed the dispensation of the inquiry by urging that Rule 19(ii) of CCS (CCA) Rules does not apply to the present facts. He submits that there has been gross violation of principles of natural justice. Petitioner has not been advised of the charges against him or has not been given the basic details of ''when, how and where'' of alleged incident. He submits that the log books of the vehicles maintained would show that petitioner was not driving the concerned vehicle on the day and time of the alleged incident. This aspect has not been considered either by the Enquiry Committee or Chairperson.

5. Having heard learned counsel for the parties and perused the records, as also the complaint received in sealed over from the Chairperson, I am of the view that in these circumstances, petitioner deserves an opportunity to be apprised of the details of allegations against him, without disclosing the identity of the complainant. He should also be permitted to lead his evidence on merits. Learned counsel for the respondent had sought time to obtain instructions on this aspect from the respondent/NDMC.Respondent/NDMC. Counsel states on instructions from Mr.D.N.Singh, Director (Personnel) that NDMC would withdraw the Memorandum dated 3.9.2004 and abide by directions as may be given.With the consent of the parties, the following order is passed.

"(i) Writ petition filed by the petitioner would be considered as the representation of the petitioner on merits; (ii) the Enquiry committee already appointed shall consider afresh the case; (iii) petitioner would be given liberty to file additional documents or to make an additional representation, if so required, within a period of 10 days; (iv) petitioner would also be given an opportunity to be heard and present evidence, as per law; (v) the identity of the complainant need not be disclosed by the respondents; and (vi) the Enquiry Committee after giving an opportunity, as aforesaid to the petitioner, would give its reasoned findings on merits to the Chairperson."

The writ petition is disposed of with the above directions.