Order

Haryana Government Gazette EXTRAORDINARY

Published by Authority

No. 76-2025/Ext.] CHANDIGARH, WEDNESDAY, APRIL 30, 2025 (VAISAKHA 10, 1947 SAKA) (TO BE SUBSTITUTED BEARING SAME NUMBER AND DATE)

HARYANA GOVERNMENT

PERSONNEL DEPARTMENT

The 11th April, 2025

No. 40/38/2018-4S(I).— WHEREAS, a lady official (hereinafter referred to as the complainant) made a complaint dated 29 May, 2018 to the Director General of Police, Haryana, Panchkula leveling allegations of sexual harassment against Shri Reagan Kumar, HCS, the then Administrative Officer-cum-Secretary & Chief Executive Officer, UTKARSH Society, Secondary Education Department. The Secondary Education Department, Haryana vide letter dated 29 May, 2018 had entrusted the enquiry to its 'Internal Complaints Committee' constituted for the prevention of Sexual Harassment of Women at Work Place.

And whereas, the Additional Chief Secretary, Secondary Education, Haryana forwarded the Enquiry Report dated 06 July, 2018 conducted by the committee constituted for the prevention of Sexual Harassment of Women at Work Place by Education Department.

And whereas, the Committee in its report observed that the plea taken by Sh. Reagan Kumar that complainant should have raised the alarm immediately is not tenable because it is the fact that she raised the alarm immediately on coming out of the cabin of Sh. Reagan Kumar and told the incident to her colleagues sitting outside the cabin and at the same time Sh. Reagan Kumar rushed outside and left the office. The witnesses produced by complainant also proved this fact that Sh. Reagan Kumar immediately left the Office. Hence the Committee members find no force in the plea taken by Sh. Reagan Kumar whereas on the other hand the complainant produced 27 witnesses before the Committee. All the witnesses gave in writing regarding sexual harassment of complainant. From the said witnesses it was proved that she was actually sexually harassed and then she has taken the step to lodge the police complaint as well as Departmental complaint to save her modesty. The Committee members have also inspected the site/work place where the incident was happened. The complainant was called in the same room where the incident happened. She explained all the events which happened with her. The Committee was fully convinced/satisfied with the version of complainant.

And whereas, the Committee further observed that it is crystal clear that complainant was actually sexually harassed by Shri Reagan Kumar. Accordingly, the Committee unanimously concluded that such incident had happened with complainant and found Sh. Reagan Kumar guilty of sexual harassment in view of the facts and (1065) 1066 HARYANA GOVT. GAZ. (EXTRA.), APR. 30, 2025 (VYSK. 10, 1947 SAKA)

circumstances of the case and evidence produced before the Committee. Thus, the allegations leveled by complainant against Sh. Reagan Kumar stands proved.

And whereas, pursuant to the said inquiry report, disciplinarу proceedings for major penalty under rule-7 of the Haryana Civil Services (Punishment & Appeal) Rules, 2016 were initiated against Shri Reagan Kumar, the then Administrative Officer, UTKARSH Society Haryana, Panchkula vide Memo No. 40/38/2018-4S(1), dated 30 November, 2018 for the charges mentioned therin.

And whereas, Shri Reagan Kumar had not submitted any reply to the charge-sheet dated 30 November, 2018. Thereafter, the copy of the enquiry report submitted by the Committee was provided to the Charged Officer, i.e., Shri Reagan Kumar on 01 August, 2019 for making representation, if he likes to make in this regard, within a period of one month.

And whereas, Shri Reagan Kumar submitted his representation dated 07 October, 2019 qua the inquiry report dated 06 July, 2018 supplied to him vide letter No. 40/38/2018-4S(1) dated 01 August, 2019. The Competent Authority duly considered the reply dated 07 October, 2019 of the charged officer and all other relevant material/record/aspects and decided on 20 February, 2023 to award a punishment of "dismissal from service" which shall ordinarily be a disqualification for future employment under the Government", upon Shri Reagan Kumar.

And whereas, before imposing the said punishment upon Shri Reagan Kumar, the matter was referred to the Haryana Public Service Commission on 14 March, 2023 in terms of Article 320 (3) of the Constitution of India for consultation of the Commission. The Commission vide its letter No. Dis. 9/2023/7140 dated 10 October, 2023 intimated that the Commission agrees with proposal of the Government of imposing a penalty of dismissal from service upon Shri Reagan Kumar which shall ordinarily be a disqualification for future employment under the Government.

Now, therefore, the Governor of Haryana orders imposing of the punishment of "dismissal from service" upon Shri Reagan Kumar, HCS (Retired) with effect from the date of his compulsory retirement, i.e. 29.01.2025 which would operate prospectively.

This issues with the approval of the competent authority.

RAJESH SAINI, Under Secretary to Government Haryana, Personnel Department.

11829—C.S.—H.G.P., Pkl.