UNION OF INDIA Vs. NISHA PRIYA BHATIA

JUDGEMENT

(1.) This judgment will dispose of a challenge to the order of the Central Administrative Tribunal (CAT), allowing an application by the applicant, Ms. Nisha Priya Bhatia (hereafter referred to as "the applicant", "the officer" or "Ms. Bhatia" as the case may be) and quashing an order dated 18.12.2009. By that order, the Central Government voluntarily retired her by invoking Rule 135 of the Research and Analysis Wing (Recruitment Cadre and Services) Rules, 1975 (hereafter "the 1975 Rules").

(2.) The officer was recruited in 1987 and deployed to the Research and Analysis Wing, (R&AW) a unit under the Cabinet Secretariat that deals with sensitive and highly classified issues concerning the national security. The petitioner (hereafter "Union" or "UOI") explains that officers and employees of R&AW are expected to maintain a heightened sense of discipline as compared with other public employees who are not privy to secret and sensitive information concerning national security. It also highlights that after the 50th Amendment to the Indian Constitution and pursuant to Article 33, the Intelligence Organizations (Restriction of Rights) Act, 1985 was enacted that prohibited members of intelligence organizations from associating in any manner with political associations, trade union or public etc. It is further explained that the restrictions have assumed critical importance in view of the developments in and around the country and the organization has given special significance to insulate its personnel from the media because of potential irreparable damage to national security needs of the country.

(3.) The officer joined in 1987 as a directly recruited employee. After completion of initial training, she served in various capacities in organizations, including special assignment lasting till August 2003. In July 2004, she was posted and joined as Director, Training Institute, Gurgaon. She continued to be posted there till 2007. It is stated that thereafter, she requested for some specific postings in the organization and starting filing complaints against senior officers. It is stated that the officer continued to send abusive, vulgar and threatening messages (SMSs) repeatedly and also misbehaved with junior staff and their family members who were residing in the campus of the Gurgaon training institute. In this background, she appears to have complained against sexual harassment by one Sh. Sunil Uke, Joint Secretary, her immediate superior. The concerned department-initiated enquiry by constituting a complaints committee in accordance with the then prevailing guidelines in the judgment in Visakha v. Union of India, 1997 6 SCC 241. One Ms. Shashi Prabha, a female officer in the department was nominated as Chairperson. Eventually, after a series of incidents, the UOI invoked its power under Rule 135 of the 1975 Rules. This became subject matter of challenge before the Central Administrative Tribunal, which quashed and set aside that order of compulsory retirement.