DEEPSHIKHA JIWAN PANDIT Vs. NCERT

JUDGEMENT

(1.) The petitioner, a Lecturer in the Department of Elementary Education in the National Council for Educational Research and Training (for short "NCERT"), seeks to challenge an order dated 8 August 2002, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short 'the Tribunal') in OA No.1560/2003. By the impugned order, the Tribunal has declined to interefere with the order of her transfer from New Delhi to Bhubaneshwar (Orissa).

(2.) Material facts, briefly stated, are as follows: The petitioner, appointed on 20 January 2000, as a Lecturer in early childhood education in the NCERT and posted in New Delhi was transferred and relieved on 13 March 2003, to be posted in the Regional Institute of Education, Bhubaneshwar with immediate effect. She also withdrew transfer T.A. Advance. It appears that on 5 August 2002, the petitioner had made a representation to the National Commission for Scheduled Castes and Scheduled Tribes, hereinafter referred to as the Commission, alleging harassment by Dr. K.K Vashishtha, Head of her Department. On petitioner's informing the Commission about her transfer, the Commission, vide letter dated 21 March 2003, desired the NCERT not to relieve her and keep the transfer order in abeyance. Simultaneously, the petitioner filed an original application (OA 1289/2003) before the Tribunal challenging the order of transfer. Noticing that petitioner's complaint with the Commission was still under consideration, the Tribunal, vide its order dated 21 May 2003, disposed of the application with a direction to the respondents to treat the said application as her representation against transfer and dispose it of by a detailed and speaking order within two weeks from the date of the receipt of the said order. It was also directed that till the representation was decided, order of transfer shall not be given effect to. On petitioner's complaint, vide letter dated 1 May 2003, the Commission rendered the following advice to the NCERT:

(3.) Pursuant to the Tribunal's order, NCERT passed a speaking order on 4 June 2003, rejecting petitioner's representation. Dealing with her allegation that she had been humiliated and insulted by Prof. K.K. Vashishtha, Head of the Department, it was observed that on examination of the complaint, after taking her evidence, the special fact finding committee, constituted by the NCERT, which included a Joint Commissioner as representative of the S.C. Community, found the complaint to be devoid of substance. The Committee noted that "all her complaints of casteist bias and practice of untouchability against Prof. Vashishtha emanated from a feeling of injured pride at being assessed "poor" in performance, rather than there being any substance in it". As regards the transfer, it was stated that the decision to transfer her was also taken on the recommendation of the DPC, which had considered the special Committee's findings, with a view to offering better opportunities and a more conducive work environment for her career development with reference to her specialisation in early childhood education. The order also goes on to record that under normal circumstances, on the basis of the findings of the special Committee, a probationer's non-performance would have been reason enough to terminate her services but a lenient view was being taken to give her one more opportunity of proving herself. Her request for posting at Mysore was rejected on the ground that it will not only be unfavourable to her career development, it would also not be consistent with the NCERT's policy, which is aimed at putting a person at a place, where his or her known skills could be best utilised to the best advantage of the Council as a whole. Insofar as her complaint to the Commission was concerned, the order records that it was strange that at no time she made any representation against her transfer to the Council and had directly represented to the Commission, High Court and the Tribunal. The petitioner was directed to join her new place of posting within ten days of the receipt of the said order.