COMMISSIONER OF POLICE vs SANT RAM

WPC 5562/24 23/04/24 [CORAM:
HON’BLE MS. JUSTICE REKHA PALLI
HON’BLE MR. JUSTICE SAURABH BANERJEE ]

[ DELHI HIGH COURT ]

Sexual Harassment of Women at Workplace Act Section 11 – Inquiry into complaint – The respondent, a constable in Delhi Police, was dismissed from service without a departmental enquiry, following allegations of sexual harassment – The main issue is whether the dismissal without an enquiry was justified under Article 311(2)(b) of the Constitution of India – The petitioner argued that the enquiry was not held due to the serious nature of the charges and the threat to the complainant and witnesses – The respondent contended that there was no evidence of threats and that the dismissal was unjustified without a proper enquiry – The court found that the dismissal was not in accordance with the principles of natural justice and the provisions of the Sexual Harassment of Women at Workplace Act, 2013 –

The court concluded that the dismissal order was not reasonably practicable and was violative of Article 311(2)(b), thus dismissing the writ petition – The court allowed the original application, setting aside the dismissal order and granting liberty to initiate disciplinary proceedings as per law.

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COMMISSIONER OF POLICE AND ORS VERSUS DANT RAM THE LAW LITERATES

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