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7. Following the report notice was given to the petitioner on 25.1.2005 calling upon him for to show cause why suitable disciplinary action should not be initiated against him for (i) breaching the office discipline, decorum and decency by getting involved in a physical scuffle with a co-worker; (ii) failing to maintain a formal, officious and cordial relationship with a co-worker i.e. Smt. Vinita Tiwari. Respondent No. 2 was also served with a similar show cause notice for making false accusation of sexual harassment against Mr. Sandeep Khurana and for breaching office discipline, decorum and decency and for failing to maintain formal, officious and cordial relationship with a co-worker. However, respondent No. 2 made a representation of 19.6.2005 insisting that she has been subjected to sexual harassment by the petitioner and was not satisfied by the inquiry report submitted by the Committee. It may be mentioned here that the Committee had undergone a change as one Member Shri M.K. Chowdhari, who proceeded on leave, was replaced by Shri Sandeep Babuta and Ms. Saba Arshad was included as an independent observer. Accordingly, respondent No. 1 sent the report to the Secretary (Services), NCT of Delhi for consideration and resolution. The Secretary, NCT of Delhi forwarded the same to the Chairperson, Delhi Commission for Women for "taking further necessary action in the matter". The matter was then taken up by the State Complaints Committee and on 28.9.2005 the Committee issued the following notice to the petitioner:

(i) Is the action of Shri Sandeep Khurana AG-III, working in Delhi Transco Ltd. against Smt. Vinita Tiwari against moral sanctions, decency and amounting to sexual harassment?
(ii) Does his physical contact of Smt. Tiwari (a female employee) and holding both her hands forcefully by (Sh. Khurana, her male colleague) amount to sexual harassment.
(iii) Is the allegation that the Senior Officers of the department and the Complaints Committee in DTL not maintain independence and impartiality during inquiry into the complaint of sexual harassment by Smt. Vinita Tiwari?
The entire episode indicates that Sh. Sandeep Khurana has committed an act of sexual harassment vis-a-vis Mrs. Tiwari by conduct which is against the moral code and duties forming decent behavior at the work place and does not withstand the test of decency and propriety. Such an action on the part of Sh. Khurana is covered by the terms of sexual harassment and the conclusion arrived at by DTL Complaint Committee is misplaced. The Department is, therefore, advised to take action as per rules against Sh. Sandeep Khurana for sexual harassment of Mrs. Tiwari and other officers for committing irregularities and not dealing with the case in all seriousness as per law.