SONALI BADHE, A L A DIRECTORATE OF ENFORCEMENT, AHMEDABAD Vs. ASHISH CHANDRA SINGH DLA, NEW DELHI & ANR

JUDGEMENT

(1.) The present petition has been filed by the petitioner assailing an interim order dated 09.03.2017, passed by the Central Administrative Tribunal in O.A. No.2755/2016, filed by the respondent No.1, who is aggrieved by the order dated 21.06.2016, passed by the respondent No.2/Department of Revenue, Ministry of Finance, the Disciplinary Authority, imposing upon him a penalty of reduction in the time scale of pay by three stages, for a period of three years with a further direction that during such period of reduction, he shall not earn increments of pay and after expiry of such period, the said reduction will have the effect of postponing his future increments.

(2.) Mr. Bhatia, learned counsel for the petitioner submits that the order of penalty imposed by the Disciplinary Authority on the respondent No.1 emanates from a written complaint of sexual harassment filed by the petitioner, working on the post of an Assistant Legal Advisor, against the respondent No.1, working as the Deputy Legal Advisor. The Internal Complaints Committee constituted by the respondent No.2/Department had conducted an inquiry and published its report on 31.01.2014, under Section 13 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the 'Act'), holding the respondent No.1 as guilty of sexually harassing the petitioner and had recommended imposition of a major penalty on him along with compensation of Rs.10,000/-, to be paid to the petitioner. Aggrieved by the findings in the inquiry report dated 31.01.2014, the respondent No.1 had filed an appeal before the Central Administrative Tribunal under Section 18 of the Act (O.A. No.1072/2014) and vide order dated 30.05.2014, the Tribunal had stayed the proceedings before the Disciplinary Authority.

(3.) Aggrieved by the interim order granted by the Tribunal staying the proceedings before the Disciplinary Authority, the petitioner had approached the High Court by filing W.P.(C) No.4756/2014. The said petition was allowed by the Division Bench vide judgment dated 10.09.2015, whereby the interim order dated 30.05.2014, passed by the Tribunal was vacated on the ground that the report of the ICC had not acquired finality as the Disciplinary Authority was still seized of the matter. Further, the respondent No.1 was granted a period of two weeks to submit a representation before the Disciplinary Authority and the Disciplinary Authority was directed to pass a final order within 4 weeks. In compliance of the said order, the respondent No.1 had submitted a representation before the Disciplinary Authority on which the order dated 21.06.2016, referred to hereinabove, was passed.