BABITHA Vs. COMMANDANT CENTRAL INDUSTRIAL SECURITY

JUDGEMENT

(1.) This writ petition is filed for issue of a Writ of Certiorarified Mandamus, calling for the records relating to the order of removal bearing ref.No.V-15014/DAE CK) Maj.03/BB-Disc/201-4997 dt.05.11.2011 issued by the 1st respondent as confirmed by te 2nd respondent, Appellate Authority by his order No.V-11014/A- 1/2011/L&R/DAE/641 dt.28.1.2012 read with order of the 3rd respondent bearing No.15012/12-5037 dt.4.6.2012 rejecting the petitioner's revision, filed and marked as Exhibits A, B and C respectively and quash the same.

(2.) The petitioner joined the Central Industrial Security Force (CISF) on 27.09.2007 at Barwaha, Madhya Pradesh. After completion of her training for nine months, she was posted at CISF Unit, Jaduguda, State of Jharkhand in March 2008. Again, she was transferred from the State of Jharkhand to Department of Atomic Energy (DAE), Kalpakkam (1st respondent) on 10.06.2009. She joined duty at the 1st respondent unit on 06.07.2009. She got married to one Shri Vikas Chowdary on 17.02.2010. On 17.03.2010, one S.P.Khilare, Asst. Commandant misbehaved with the petitioner and the same was witnessed by one Vedpal Boora, Inspector of CISF Unit of the 1st respondent. The petitioner gave complaint against the said Khilare to her superior, the first respondent herein. The said Inspector Vedpal Boora also gave statement to that effect to the 1st respondent. Instead of taking action against the said Khilare against the complaint given by the petitioner, by order dated 23.03.2010, the petitioner was transferred from 1st respondent unit to RTC, Barwaha, Madhya Pradesh and the higher officials insisted the said Vedpal Boora, Inspector to withdraw the statement. When he refused to with the statement, charges were framed against him and he was ultimately dismissed from service on 10.05.2011. He filed W.P.No.24618 of 2011 before this Court and in the said writ petition, he made specific reference about the incident happened to the petitioner.

(3.) Mr.N.G.R.Prasad, learned counsel appearing for the petitioner contended that the 1st respondent has no jurisdiction to issue charge memo dated 29.06.2011 to the petitioner for not obeying the order of transfer dated 23.03.2010 from 1st respondent unit to 1st Reserve Battalion at Barwaha, Madhya Pradesh. The petitioner was relieved w.e.f. 23.03.2010 by the 1st respondent and thereafter the petitioner came under the jurisdiction of Commandant, 1st Reserve Battalion at Barwaha, Madhya Pradesh who became the Disciplinary Authority. The order of removal by the 1st respondent is illegal and without jurisdiction. The learned counsel for the petitioner further contended that the petitioner was having number of medical complications like depression, migraine and frequent miscarriages. The Medical Officer of the first respondent issued certificate enumerating the medical problem and granted maternity leave to the petitioner due to her miscarriage. The Medical Board constituted by the respondents gave an opinion dated 12.05.2010 to the effect that the petitioner is having irregular cycle of mensuration. In addition to the above, due to the misbehaviour / molestation by two officials namely S.P.Khilare, Asst. Commandant and Prabhakar, Inspector and inaction of the respondents to take action against the said officials, the petitioner became depressed and was suffering from frequent miscarriages and migraine. The doctors have also certified to that effect. The respondents, knowing fully well that the petitioner was pregnant and the medical condition of the petitioner, set her exparte in the domestic enquiry and removed her from the services on 05.11.2011.