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

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 However, the suspension was revoked on 21 December 2017, subject to the outcome of the disciplinary 1 gardener 2 “NDMC” hereinafter 3.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