UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) AGGRIEVED by the order of the Central Administrative tribunal, Madras Bench, dated 11. 09. 2001 made in O. A. No. 40 of 2001, quashing the order of compulsory retirement and reinstating the applicant in service with all consequential benefits, Additional Director General and Senior Manager of Heavy Vehicles Factory, Avadi, Chennai 600 054, have filed the above writ petition.

(2.) THE brief facts which are required for disposal of the writ petition are stated hereunder: THE second respondent herein, viz. , M. Annamalai, was working as Medical Assistant, Heavy Vehicles Factory (in short "hvf"), Avadi, Chennai 600 054. A report-dated 16. 12. 1996 was received from Principal Medical Officer (in short "pmo"), HVF Hospital along with the complaint of one Mumtaj Begum, female attendant to an in-patient in male medical ward regarding alleged misbehaviour by M. Annamalai, Medical assistant. In her complaint, Mumtaj Begum has stated that on 13. 12. 1996 night at about 9. 00 p. m. M. Annamalai, Medical Attendant called her to the sisters' duty room for collecting tablets for the patient. When she went there, instead of giving tablets, he told her that he had developed some fascination for her and asked her whether she is willing to fulfill his desire. She objected to his request and warned that he should not behave with her in such a manner. THEn, the said Annamalai offered her a 50/- rupee note and also assured her that he would give her more if she require. She went off from there and lied down next to the patient on the cot. At about 01. 00 a. m. , she felt her saree moving up her legs. She woke up alarmed and found that annamalai was standing near the cot, pushing her saree. She shouted at him and asked him to get out. THEre was one more patient in the room, viz. , Krishnan and his attendant Andal. Mumtaj Begum did not report the matter to the duty sister or duty Medical Officer, because of fear and shame. THE next day, i. e. , on 14. 12. 1996, she disclosed the matter to her family members and later they informed the Duty Sister of the male medical ward, who in turn informed the medical Officer on duty.

(3.) AGGRIEVED by the order of dismissal, the said Annamalai submitted an appeal dated 19. 03. 1998 to the appellate authority, viz. , the additional Director General (AV HQ ). The appellate authority, after considering the appeal with reference to the relevant records, dismissed his appeal. Meanwhile, Mumtaj Begum filed a criminal complaint against Annamalai. By order dated 08. 07. 1998, Judicial Magistrate No. I, Poonamallee in C. C. No. 2 of 1999 acquitted him on the basis of doubt. The said Annamalai filed O. A. No. 682 of 1998 before the Central Administrative Tribunal, Chennai challenging the orders of the disciplinary authority dated 03. 03. 1998 and the appellate authority dated 30. 06. 1998. The Central Administrative Tribunal, by order dated 18. 04. 2000, set aside the order of the appellate authority and remitted the matter back to him for reconsideration. The appellate authority, reconsidered the matter and modified the penalty of "dismissal from service" to "compulsory retirement" by order dated 05. 09. 2000. Questioning the said order of compulsory retirement, the said Annamalai filed another O. A. No. 40 of 2001 before the Central Administrative Tribunal. By the impugned order, the tribunal allowed the said application on 11. 09. 2001 on the ground that there is no evidence to substantiate the charge. AGGRIEVED by the above decision, the department has filed the present writ petition.