The Supreme Court refused to stay an interim order of the Uttarakhand High Court dismissing the petition of a senior judicial officer to replace the investigating officer investigating allegations of sexual harassment against him for alleged bias.
A bench of Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi dismissed the additional district judge’s plea stating that he could raise the ground of favoritism even after an inquiry against him.
“We are not inclined to interfere with the order passed by the High Court. The special leave petition is, accordingly, dismissed. The pending application (s), if any, is disposed of accordingly.
The bench, in its recent order, said, “However, the High Court is requested to finally settle the writ petition for listing the case with amendment petition on 31 October.”
Senior advocate PS Patwalia, appearing for the petitioner along with lawyer Sachin Sharma, argued that his client has outstanding records and he was embarrassed by the allegations.
He claimed that the day after the High Court heard his plea to replace the investigating officer, the investigating officer called off the rescue and resumed pre-partisan proceedings.
The bench said that it will not interfere in the investigation but may ask the High Court to decide on the petition and pass the order.
The bench said, “If you have a good case on prejudice, you will succeed. You can debate the prejudice issue, even after the inquiry is over”.
The Additional District Judge has stated in his plea that the investigating officer, who is the sitting judge of the High Court, is also a member of the committee that recommended a disciplinary inquiry against him, and that any practice conducted in this way is not justified. Can be called .
He claimed that on 8 October the High Court, without considering the facts and circumstances of the case, found a prima facie order by a non-speaking order that it was too late to prejudice the presiding officer and dismissed The stay application was given.
“That this is a broad case of violation of the principle of natural justice in which the petitioner, who is a member of the higher judicial service, has done justice for the last 16 years without any chance on his career, owed throughout the ACR, he is now himself Tingling for justice, ”his plea said.
Along with the disciplinary proceedings against the petitioner, the High Court order was also sought to be stayed.
The plea stated that in 2017, the petitioner was transferred from the post of Registrar of Uttarakhand High Court and was appointed as the first Additional District Judge and Sessions Judge of Haridwar.
It stated that on February 1, 2018, the complainant was instructed to join / engage with the officer of the petitioner as a contract employee and after working for two days on February 1 and 2, he was asked to pay Was directed to join at another location.
Due to the shock and surprise of the petitioner, he was suspended and informed after the charge sheet that the contract worker had made a “false and lewd complaint” to District Judge Haridwar on March 19, 2018, alleging that the petitioner Had alleged to have tried to take unfair advantage and sexually assaulted her on 1 February and 2 February.
The petition stated that “it is only through bare facts that the complainant was complained by someone for complaining against the petitioner or for incapacitating him from performing his official duties.”
The petition claimed that the complainant and his mother had admitted in their cross-examination before the Inquiry Officer that they had lodged the complaint only on March 19, 2018 as they were promised to regularize the complainant’s job. Will go.
“Therefore, the entire disciplinary proceeding is nothing but a gross misuse of the process of law,” on 21 September, the investigating officer refused to allow the complainant to withdraw his complaint.
The petition also stated that the investigating officer dismissed the September 21 reconsideration petition filed by the petitioner.
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