SHRABANI MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has challenged the order and judgment dated 3rd January, 2018 in OA No.2053/2016 and order dated 9th February, 2018 in RA No.18/2018 passed by learned Central Administrative Tribunal (CAT) and has further prayed for quashing and setting aside orders dated 4 th May, 2016 and 27th January, 2016 as well as other proceedings. In brief, the case of the Petitioner is that she joined All India Institute of Medical Sciences (AIIMS) in 2002 as Sister Grade-I. On 30th September, 2015 she was asked to handover the charge to another nurse and she was transferred to DNS. She was earlier working in D2 ward. On 5th October, 2015 she requested the acting Medical Superintendent for some fixed time duty so that she can take care of her autistic child also. She further wrote a letter dated 2 nd November, 2015 requesting to put her back in lithotripsy or OPD duty.

(2.) On 14th November, 2015 the Petitioner was served with a memo in which it is stated that she had shown reluctance and disinterest in joining the transferred place of work. She replied to the said memo on 26th November, 2015. A warning letter dated 11th December, 2015 was issued to her stating that in future, she should not make baseless allegations against the seniors. Another memo was issued to her on 27th January, 2016 proposing to take action against her under Rule 16 of CCS Rules. The same was replied on 27th January, 2016. She again wrote a letter on 18 th March, 2016 to the Medical Superintendent requesting for a light duty in view of the medical condition of her autistic child. In February/March, 2016 the Petitioner approached National Human Rights Commission, Court of Chief Commissioners for Persons with Disabilities, Delhi Commission for Women and Scheduled Caste Commission also and appraised them about the facts of her case. On 4th May, 2016 the Respondents instituted an enquiry against her under Rule 14 of CCS Rules, 1965.

(3.) The Petitioner preferred an OA No.2053/2016 before CAT which was dismissed vide impugned order dated 3rd January, 2018 and the review petition filed against the same has been dismissed on 9th February, 2018. The Petitioner has made the following prayers: