Sexual Harassment of a female sweeper - Termination
of service by Guru Nanak Public School of a driver and a conductor on the
allegations of Sexual Harassment of a female sweeper – Delhi School Tribunal
declared the termination of service of both the employees as illegal and
directed the School to reinstatement them in service
On
20.11.2018, the Hon’ble Delhi School Tribunal, in Appeal No. 17/2018 and Appeal
No. 18/2018, declared the termination of service of 2 employees (Karamvir and
Amit) as illegal and directed Guru Nanak
Public School to reinstatement them in service. The services of both the
employees were terminated on the alleged ground of sexual harassment of a
female sweeper.
Shri. Karamvir and Shri. Amit were working as
driver and conductor respectively with Guru Nanak Public School, Pushpanjali
Enclave, Pitampura, Delhi-110034. On 13.09.2017, an FIR [FIR No. 1246] was
registered by a female sweeper against Karamvir and Amit with the allegations
of sexual harassment. Next day i.e. on 14.09.2018, vide letter/order dated
14.09.2017, the services of both the employees were terminated.
Anuj Aggarwal, Advocate, counsel for Karamvir
and Amit, submitted that the termination of service of both the employees was
in complete violation of the principles of natural justice, provisions of the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013, provisions of the Delhi School Education Act, 1973 and the Rules
made thereunder.
Shri. V.K. Maehshwari, Presiding Officer, Delhi
School Tribunal, Delhi, accepted the submissions made by Anuj Aggarwal,
Advocate and declared that the termination orders dated 14.09.2017 were illegal
and, consequently, directed Guru Nanak Public School to reinstate both the
employees in service.
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