S.K. SHARMA Vs. UOI AND ORS.

JUDGEMENT

(1.) IN these proceeding, the petitioner is aggrieved by the recording of his ACR for the period 01.04.2007 to 07.01.2008. He was at that time a Commandant in the Sashastra Seema Bal (SSB).

(2.) THE petitioner's contention in brief are that whilst on duty and in the midst of posting at Gorakhpur (U.P.), apparently his wife had levelled allegations amounting to sexual harassment against this immediate superior - the fifth Respondent. It is primarily contended that the petitioner was on leave for about a month between 08.06.2007 to 08.07.2007. He alleges that immediately after rejoining, he received a complaint from a Constable, regarding nabbing of a smuggler with gold and silver ornaments but that the matter had not proceeded further as the offenders were released. The petitioner complains that he started gathering information in order to investigate into the events. He also contends (a fact not denied) that on 03.09.2007, he received commendation from the fifth respondent. Apparently, while so, sometime in mid September -October 2007, the petitioner's wife submitted representations, alleging sexual her harassment by the fifth respondent. It is further stated that on 08.10.2007, another incident occurred.

(3.) IN support of the allegations, the petitioner has placed on record a copy of the letter dated 02.10.2007 (which is part of Annexure R -4/7). He has also produced a copy of the letter written to the fifth respondent on 02.10.2007 where he alleged harassment by the said superior officer of his wife. Further reliance is also placed upon a letter written by his wife on 01.12.2007 where the allegations were again levelled against the respondents. The letter recounts the details of the alleged harassment apart from the telephone numbers from which she claims to have been harassed - which were used to harass her. A complaint was made to the NHRC by the petitioner's wife on 02.01.2008. She complained to National Council for Women sometime in 2007.