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Date of decision:22.1.2014
v.
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Ashish Yadav,Advocate for the
petitioner. Jaswant Singh,J.(Oral) CM No.683/2014 is allowed and documents Annexures P- 11 and
P-12 are taken on record.
Main Case.
The petitioner was working as a Librarian-cum-TGT Teacher with the Army Public School,Chandi
Mandir. After the conclusion of the disciplinary proceedings in accordance with law, punishment of
major penalty of "Termination of Services" in terms of the Rules and Regulations was imposed vide
order dated 18.8.2012 (P10).
By way of present writ petition, the petitioner is seeking the quashing of the Termination order
dated 18.8.2012 (P10) as also a direction to the respondents to constitute a Committee to
lookJoshiinto Rajinderthe Prashad 2014.01.22 16:26 I attest to the accuracy of this Order.
allegations of sexual harassment levelled by the petitioner against respondent no.7, as contained in
Annexure P-11 relating to an alleged incident on 19.9.2011.
At the time of hearing, learned counsel has not been able to dispute that there is an Appellate Forum
against the Termination order which has not been approached by the petitioner. Therefore, he
withdraws his prayer qua the termination order with liberty to approach the Appellate Forum under
the regulations.
As regards the second prayer, it is deemed appropriate at this stage to direct the respondent
no.4-Army Welfare Education Society and the management concerned of the Army Public School,
Chandi Mandir to put in place the required complaint mechanism as directed by Hon'ble the
Supreme Court in the case reported as Vishaka v State of Rajasthan, 1997(6) SCC 241 and further
reiterated in Medha Kotwal Lele v Union of India, 2013(1) SCC 297. It is hoped that the said
authorities will sincerely and at the earliest implement the directions passed by Hon'ble the
Supreme Court for the constitution of such like Committees for redressal of the grievance of sexual
harassment raised by its employees.