Ashok Bhushan, J. - (1.) The petitioner, A Judicial Officer in Delhi Higher Judicial Services, against whom disciplinary proceedings alleging sexual harassment is underway, has filed this writ petition under Article 32 of the Constitution of India praying for following reliefs:- "a. issue a writ, order or direction in the nature of certiorari quashing the resolution of Respondent No.1, the Full Court of Delhi High Court dated 13.07.2016 inToto, cited in the report dated 09.03.2018 (Annexure-P-12) and also all subsequent resolutions passed by Full Court of Delhi High Court dated 19.07.2016, 16.11.2016, 23.02.2017, 06.07.2017 or on any other date in relation to this enquiry, cited in the report dated 09.03.2018 (Annexure-P- 12) as the same are arbitrary, without any jurisdiction and violative of the provisions of Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal) Act of 2013, Art. 14 and Art. 21 of the Constitution of India;b. issue a writ, order or direction in the nature of certiorari quashing the proceedings of ICC the Respondent number 2 as held by it under the Provisions of the Act of 2013.c. issue a writ, order or direction in the nature of certiorari quashing the Charge sheet dated 23.02.2017 (Annexure-P-7) issued by the Respondent No.1 on the recommendation of the Respondent No.2;d. issue a writ, order or direction in the nature of certiorari quashing the report dated 9.3.2018 (Annexure-P-12) of the ICC, the 2nd Respondent herein along with all the proceedings of the Respondents leading thereto;e. issue a writ, order or direction in the nature of certiorari quashing the letter of e Hon'ble Delhi High Court dated 15.05.2018 (Annexure-P-11) issued by Respondent No.1; andf. pass any other writ, order or direction as this Hon'ble Court deems fit to grant in the interest of justice."
(2.) Brief facts necessary for deciding this writ petition are:- 2.1 The petitioner has been working as Additional District Judge at Dwarka, New Delhi. On 05.07.2016, a written complaint was submitted against the petitioner by a lady, Junior Judicial Assistant (hereinafter referred to as "employee") alleging sexual harassment at work place. The complaint was addressed to the Chief Justice of High Court of Delhi. The Junior Judicial Assistant was working as Ahlmad in the Court of the petitioner w.e.f. 18.05.2015. She continued to work in that capacity till 18.05.2016. Another complaint dated 11.07.2016 was submitted by the employee to the Chief Justice. Complaint submitted by the employee came for consideration before the Full Court of the High Court on 13.07.2016, which resolved as under:-i. The Judicial Officer be placed under suspension with immediate effect pending disciplinary proceeding contemplated against him.ii. The Registrar General will forward the complaint dated 05.07.2016 to SHO of the concerned Police Station for appropriate action in accordance with law under intimation to this Court.iii. Registry to take steps in anticipation of the confirmation of the Minutes.2.2 The Full Court of the Delhi High Court by further resolution dated 19.07.2016 resolved to constitute an Internal Complaints Committee consisting of five members to inquire into the allegation of sexual harassment made against the petitioner. The petitioner as well as the employee appeared before the Internal Complaints Committee (hereinafter referred to as "Committee"). The petitioner was suspended by order dated 13.07.2016 pending disciplinary proceedings. The employee further submitted a detailed statement dated 28.07.2016 before the Committee. The petitioner submitted his reply to the Committee on 02.09.2016. On 19.09.2016, the Committee interacted with both the parties separately. On 05.11.2016, the Committee submitted a Preliminary Report to the Full Court. By its Report dated 05.11.2016, the Committee opined that a disciplinary inquiry be held against the petitioner. Full Court of the High Court in its meeting dated 16.11.2016 resolved that the disciplinary proceedings for major penalty under Rule 8 of All India Services (Discipline and Appeal) Rules, 1969 be initiated against the petitioner.2.3 The memo of charges dated 22/23.02.2017 was given to the petitioner containing, article of charges and statement of imputations. The petitioner submitted written statement on 11.03.2017. The Full Court on 06.07.2017 considered the written statement of defence dated 11.03.2017 of petitioner and resolved to hold the inquiry. The Full Court resolved for constituting a Committee in terms of Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as "Act, 2013") chaired by Hon'ble Ms. Justice Hima Kohli, who was appointed as the Inquiring Authority.2.4 The inquiry before the Inquiring Committee proceeded and Report dated 09.03.2018 has been submitted by the Internal Complaints Committee. The Inquiry Report submitted by the Committee was placed before the Full Court in its meeting held on 25.04.2018 which resolved to forward the Inquiry Report to the petitioner and to ask him to submit his written submissions. Full Court in its meeting dated 01.08.2018 also resolved to supply certified copies of Full Court Meeting Minutes dated 13.07.2016, 19.07.2016 and 16.11.2016 to the petitioner. High Court also resolved that since the Preliminary Inquiry Report dated 05.11.2016 has not been relied upon, the same be not supplied to the petitioner. After receipt of the Inquiry Report, the petitioner has filed this writ petition on 08.06.2018.
(3.) We have heard Shri Varinder Kumar Sharma, learned counsel for the petitioner and Shri P.S. Narsimha, learned senior counsel for the respondent.;