H D BHATT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed as a Salesman/Storekeeper/Accounts Clerk in the Air Force Canteen at Air Force Station, Race Course, New Delhi in May, 1986 and was working in that position at the relevant time as well. In 1997, he was elected as President of All Indian Defence Civilian Canteen Employees Union. According to him, after assuming this position of President on behalf of his Union, he has raised many grievances on various issues with the management of canteen, which was not liked by the respondents. In April, 1998, the petitioner was elected as Secretary General of All Indian Defence Civilian Canteen Employees Union.

(2.) An ugly incident happened on 28.11.1998 when another employee, one Ms. Gurvinder Kaur (hereinafter referred to as 'the complainant') wanted to send a letter to the petitioner, which he refused to accept. It seems that as a result, some quarrel ensued between both of them which resulted into scuffle and both of them slapped and hit each other. According to the complainant, she was sexually harassed. Manager of the canteen summoned Air Force Police and thereafter the local Police. The petitioner was taken to the Police Station. According to the petitioner, to give quietus to the entire controversy and particularly, when he was threatened to dire consequences, he submitted his apology. He was assured, at the same time, that no further action will be taken and this will put to an end to the entire matter. Police also dropped the case on the complainant withdrawing her complaint.

(3.) Two days thereafter, however, the petitioner was called by Canteen Officer Sqn. Ldr. Raman Kapoor and was asked to give in writing this the incident. After preliminary facts findings, the petitioner was served with show cause notice/Chargesheet dated 03.12.1998 and was also placed under suspension. In the said Chargesheet, following charges were leveled against the petitioner: