Usually courts can`t interfere with suspension orders: HC
Suspension orders can be interfered with by the courts only in "gravest of grave" circumstances, the Delhi High Court has ruled.
New Delhi: Suspension orders can be interfered with by the courts only in "gravest of grave" circumstances, the Delhi High Court has ruled while refusing to revoke such an order against a man accused of sexually harassing girls at a school here.
"In my opinion, suspension orders are interfered with by the courts only in gravest of grave circumstances or when the order is totally without any basis," Justice Valmiki Mehta said.
The court`s observation came in an order by which it dismissed a plea of Somesh Kumar against his suspension from service on March 3, 2011 by the management of a girls` school at Paharganj here.
Somesh was suspended after girls complained to the school management that he used to sexually harass them.
"In case, such as the present, there are grave charges of sexual harassment against the petitioner of girl students. Petitioner has also written a letter asking for apology, which is signed by witnesses also, which the petitioner denies as having been written allegedly by force.
"Therefore, in these facts no ground is made out for revocation of the suspension order...," the court said.
It, however, asked the school management to "forthwith" commence and conclude within six months departmental proceedings against Somesh under the Delhi School Education Act and Rules for alleged misconduct.