LAWS(DLH)-2002-11-152

UNION OF INDIA Vs. AVIMANYU PANDA

Decided On November 13, 2002
UNION OF INDIA Appellant
V/S
EX.SGT.AVIMANYU PANDA Respondents

JUDGEMENT

(1.) This letters patent appeal is directed against the order of the learned single Judge dated January 4, 1999 in C.W.P.No.984/1996 whereby the order of the Air Officer, Commanding in Chief, dated on August 21, 1995, dismissing the respondent from service and the order of the Appellate Authority dated January 11, 1996 maintaining the order of the Air Officer, Commanding in Chief, dated August 21, 1995 were set aside with consequential direction to reinstate the respondent. The facts leading to the appeal are as follows:-

(2.) The respondent herein was enrolled as Combatant Member in the Air Force on October 29, 1979. In course of time he was promoted to the rank of Sergeant. On July 5, 1993 he was posted as Laboratory Assistant in 810 Signal Unit Force. On the morning of April 25, 1995, a patient, Ms.Suman Kumari Verma (hereinafter called 'the complainant'), aged about 17 years, daughter of Junior Warrant Officer, Vijay Kumar Verma, came to the MI Room and was examined by the Medical Officer, Dr.Mrs.B.Mote. She advised Ms.Suman Kumari for blood hb% and urine routine examination. Accordingly, the complainant with the prescription slip of Dr.Mote approached the respondent as he was the Laboratory Assistant. The respondent after drawing sample of blood from the complainant made the members of his staff, Ms.Ramoti Devi and Ms.Risalo Devi to leave the laboratory. After the staff left the laboratory, he handed over some cotton wool to the complainant and asked her to go to the toilet and clean her genitals. He also asked her to wait for him in the toilet as he would help her in collecting the urine sample. The respondent followed the complainant to the toilet with a test tube and made her sit on the toilet seat. Thereafter, he started rubbing the test tube against her genitals. The complainant protested and told the respondent to go away. Thereafter, the respondent left the toilet. The respondent having left the toilet, the complainant bolted the door from inside and started crying. She waited in the toilet till the arrival of other people in the laboratory. Coming out of the toilet, she left for her home. On reaching home she narrated the incident to her mother.

(3.) At about 10.15 a.m. the same day, viz. April 25, 1995, Mrs.Rano Devi, mother of the complainant, went to the MI Room and caught hold of the respondent by his collar. She shouted at him for having outraged the modesty of her daughter.