R. K. SHIVDASANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The travails of the petitioner, in the present case, commenced with the addressing, by Ms. Bimla Sharma, an employee of the Export Inspection Council of India (EIA) - where the petitioner was, at the time, working as Deputy Director (Vigilance) - of a complaint, dated 3 rd February, 1999, the English translation of which reads thus (as reproduced in the order, dated 20th April, 1999 in CM No. 1805/99 and 2380/99 in CW 1238/99, passed by this Court):

(2.) The above complaint resulted, in its inexorable course, to the issuance, to the petitioner, of a chargesheet, dated 23rd March, 1999, proposing to hold a disciplinary enquiry, against him, under Rule 11 of the Export Inspection Agency Employees (Classification, Control and Appeal) Rules, 1978 (hereinafter referred to as "the CCA Rules"), and calling for the response of the petitioner thereagainst. The chargesheet contained a single Article of Charge, the Statement of Imputation of Misconduct, in respect of which, read thus:

(3.) At this stage, the petitioner was sought to be transferred out of Delhi, against which he moved this Court, by way of C.W. 1238/99 [R. K. Shivdasani v. Export Inspection Agency (Delhi)]. Vide order dated 20th April, 1999, this Court stayed the order of transfer of the petitioner, expressing a prima facie view that it had been issued on extraneous considerations. A reading of the said order also discloses certain prima facie observations, by this Court, regarding the validity of the enquiry proceedings, and the charges levelled, against the petitioner, therein, as well. This Court also opined that the EIA had failed to bring the case within the parameters laid down by the Supreme Court in Vishaka v. State of Rajasthan, 1997 6 SCC 241. The writ petition highlights the fact that no counter-affidavit was filed, by the EIA, despite the specific direction of this Court. It may be noted, here, that, as the order of transfer, which was impugned in C.W. 1238/99 was, subsequently, modified, the petitioner withdrew the writ petition on 17th January, 2002.