NEW DELHI MUNICIPAL COUNCIL & ORS. vs SUSHIL KUMAR (MALI)

Judgment text excerpt

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5942/2026, CM APPL. 29195-96/2026 NEW DELHI MUNICIPAL COUNCIL & ORS. .....Petitioners Through: Mr. Vaibhav Agnihotri, ASC with Mr. Ankit Singh, Mr. Vidit Pratap Singh, Mr. Harshit Kiran and Ms. Suruchi Khandelwal, Advocates. versus SUSHIL KUMAR (MALI) .....Respondent Through: Mr. Surinder Kumar Bhasin and Mr. Gagan Chawla, Advocates. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 11.05.2026 C. HARI SHANKAR, J. 1. The respondent was working as a Mali1 with the New Delhi Municipal Council2. 2. On 17 August 2016, FIR 156/2016 was registered against the respondent under Sections 354/354A of the erstwhile Indian Penal Code, 1860, in PS Lodhi Colony. Following this, on 26 September 2016, he was suspended. However, the suspension was revoked on 21 December 2017, subject to the outcome of the disciplinary 1 gardener 2 “NDMC” hereinafter Signature Not Verified Signed By:ANUBHAV W.P.(C) 5942/2026 Page 1 of 18 TRIPATHI Signing Date:15.05.2026 15:07:50 proceedings to be instituted against him. 3. On 3 January 2017, the respondent was convicted by the learned Metropolitan Magistrate of having committed offences under Section 354A read with 294 and 509 of the IPC. The sentence was suspended by the learned Additional Sessions Judge3, in appeal, on 18 January 2017. 4. Even while the sentence imposed on the respondent thus stood suspended, a show cause notice was issued to the respondent requiring him to show cause as to why he be not removed from service. He responded to the show cause notice. Thereafter, on 5 September 2018, the respondent was removed from service under Rule 19 of the Central Civil Services (Classification, Control & Appeal) Rules, 19654 without holding an inqu