V.K.SHALI, J. - (1.)The petitioner in the instant writ petition has challenged two orders dated July 20, 2004 and October 29, 2004 passed in I.D. No. 144/2003 in case titled Sunil Kumar v. Delhi Development Authority by learned Labour Court No. VII. By virtue of the first order, the learned Labour Court has held that the inquiry which was held against the petitioner was fair, proper and in accordance with principles of natural justice.
(2.)So far as the award dated October 29, 2004 is concerned, the learned Labour Court upheld the imposition of punishment of dismissal on the petitioner.
(3.)Briefly stated the facts leading to the filing the present writ are that the petitioner/workman was employed as a Sweeper with the respondent/management since January 1980. He worked till August 22, 1990. On August 22, 1990 it was alleged against the petitioner/workman that he tried to molest one lady officer Ms. Nivedita Pandey who was standing near the window. The petitioner had come to the window purportedly trying to close the same on the pretext there being heavy rain and touched her. Ms. Nivedita Pandey raised an alarm on account of which the petitioner was apprehended. The defence of the petitioner/workman was, since the window was jammed, therefore, the touching of Ms. Nivedita Pandey was totally accidental and unintentional. The petitioner was put under suspension and chargesheet was given and an inquiry was held and the Inquiry Officer came to a conclusion that the charge of molestation is not established against the petitioner while as the other three charges against him were proved. The petitioner challenged the finding of the Inquiry Officer before the learned Labour Court by getting a reference made before the appropriate government. The learned Labour Court framed an issue whether a fair and a proper inquiry was conducted in accordance with the principles of natural justice against the petitioner and it handed down a finding against the petitioner. The learned Labour Court recorded four charges in the inquiry report on the basis of which the inquiry was conducted were as under:
(i) Molestation of lady officer named Mrs. Nivedita Pandey by Sh. Sunil during his duty hours at 3rd Floor, Vikas Minar, near the window in the hall. (ii) The screaming shouts of Mrs. Pandey were heard by some staff members who came running to the place of incident. (iii) In the presence of these staff members Sh. Sunil begged for forgiveness for his misbehavior, misconduct and misdeed. (iv) Sh. Sunil violated the conduct rules by this act and later on absconded from the official duty immediately after this incident.