UNION OF INDIA Vs. KAMLESH

JUDGEMENT

(1.) THESE two petitions under Article 226 of the Constitution of India have been preferred by the Union of India to challenge the common order dated 1. 8. 2007 passed by the Central Administrative Tribunal, Principal bench, New Delhi (the tribunal) in OA Nos. 571/2007 and OA No. 578/2007, whereby the said original applications filed by the respondents in the two writ petitions, namely Smt. Kamlesh (respondent in WP (C) No. 6398/2007) and Shri Omkar Singh (respondent in wp (C) No. 6401/2007) to challenge their transfer along with their respective posts from the Welding Plant, Meerut Cantt, Northern Railway to Ambala division and to Delhi Division, respectively, on administrative grounds succeeded and the said transfer orders were set aside by the Tribunal.

(2.) THE case of the respondents before the Tribunal was that the respondent, Smt. Kamlesh was appointed as peon on compassionate ground after the untimely death of her husband. She is a widow with two children and while in service, she claimed to have been sexually harassed and troubled by one Shri Mehboob Khan, office bearer of URMU (Uttary Railway Mazdoor Union ). The said Mehboob Khan is working as a generator operator in the Flash Butt Welding Plant, Northern railway, Meerut. Some employees including Omkar Singh, that is the respondent in WP (C) No. 6401/2007, who was working as a helper khalasi under executive engineer Flash Butt welding Plant, Northern Railways, had made efforts to stop mr. Mehboob Khan from indulging in illegal activities. She claimed that she had made a complaint to GRP, Meerut Cantt in respect of the harassment caused by shri Mehboob Khan on 17. 7. 2004 but to no avail. She made a further complaint to the Chief Engineer, Northern Railway, Baroda House, New Delhi on 19. 7. 2004 another complaint dated 17. 08. 2004 signed by as many as 63 employees was made to the General Secretary, UMRU Central Office, Panchkuian Road, New Delhi against the illegal activities of Sh. Mehboob Khan requesting for removing him from the service. As a reaction and in retaliation to resentment of Smt. Kamlesh and Shri omkar Singh, Shri Mehboob Khan succeeded in using his influence over the authorities in getting both of them transferred out of the Welding Plant to ambala and Delhi Division respectively along with their respective posts by alleging that the respondents were habitual miscreants and indulged in several instances of "maarpeet" and misbehavior with the fellow employees and also with the superior officers. It was alleged that, as Mehboob Khan was at an influential position, being the union leader, he misused his position and made complaints through the General Secretary, UMRU alleging that both the respondents herein have manhandled and misbehaved with the Branch Secretary of the UMRU and other office bearers. Soon thereafter transfer orders were issued, transferring the respondents to Ambala division and Delhi division. After the aforesaid order was passed , 109 railway employees made complaints to the Dy. Chief Engineer (TM) in support of the respondents.

(3.) AGGRIEVED by the aforesaid orders, the respondents filed OA. No. 571/2007 and o. A. No. 578/2007 before the learned Central Administrative Tribunal (the tribunal), challenging the aforesaid order on the ground of same being arbitrary and illegal and being punitive and without affording an opportunity to them to defend themselves and also mala fide under the influence of Mehboob Khan.