SHANTI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) FEELING aggrieved against the order dated 26th May, 1987 passed by the opposite party no. 2 terminating the services of the petitioner from the post of Junior Collection Clerk the petitioner has filed this writ petition mainly on the ground that although the order of termination indicates that her services were terminated in accordance with the Rules governing the conditions of the services of the petitioner but the same has been camouflaged into an order of dismissal and the same has been passed without giving any reasonable opportunity to the petitioner. Hence the same is vitiated The petitioner has averred that she is M. A. in Sociology from Avadh University and on 7-4-1986 was appointed as Junior Collection Clerk by the opposite party no. 3 and thereafter her appointment was approved by the opposite party no. 4. The said order indicates that her appointment was approved. The petitioner has averred that her appointment was not on adhoc or officiating basis and there was no stipulation to the effect that the services of the petitioner were liable to be terminated at any time with or without notice. Her work was found satisfactory and it was appreciated by her superiors and on 2-4-1987 the District Deputy Registrar Cooperative Societies, Faizabad issued a certificate to this effect. One Sri B. D. Misra, the District Assistant Registrar, Co-operative Societies, U. P. Gonda, who has been arrayed by name as opposite party no. 3. personally knew the uncle of the petitioner while he was working at Gonda as a Lecturer in a degree college. So long the said uncle remained in Gonda the opposite party no. 3's behaviour towards the petitioner was normal but as soon as he left Gonda to join his new assignment, opposite party no. 3 started taking undue advantage of the position, the opposite party no 3 tried to take liberties with the petitioner which she resented and disliked but she being a helpless lady all alone at Gonda, she could not openly take any step against the opposite party. no. 3. The opposite party no. 3 used to send hand-written notes to the petitioner through his Peon during working hours without signing the same deliberately with ulterior motives. The said notes, which have been annexed by the petitioner as annexures 5 to 11, indicate that the opposite party had asked the petitioner not to come to office any more otherwise he would direct not to allow her to sign. In another note he directed her not to come to the office. Her services were not terminated because people will say something otherwise. In another note it was mentioned that people say that he had some sort of relation with the petitioner as a result of which tension and trouble had started in his house. It was further mentioned that the petitioner should immediately quit, as he did not wish that the hand* which had passed order for her appointment may pass order for her removal. It was also' mentioned in one of the notes that it would be better if the petitioner resigns. It was also stated that people have started suspecting his relationship with the petitioner and asked her to meat him at Lucknow.

(2.) IT was further averred by the petitioner that being a married lady with two daughters and having good moral character, she never succumbed to the unbecoming immoral seductive overtures of the opposite party no. 3 as a result he become very much annoyed, biased, prejudiced as he had a perverted approach towards life he became vindictive and wanted to harm the petitioner while he found that the petitioner could not be made to fall to his malafide and perverted desire. The opposite party no. 3, Asstt. Registrar Co-operative Societies, Gonda thus in a malafide manner motivated with sheer vindictivness terminated the services of the petitioner.

(3.) ALTHOUGH the opposite party no 3 had denied that he had ever communicated to the petitioner the notes contained in annexures-5 to 10 but the petitioner reiterated the said averments in her rejoinder affidavit. The report of the Deputy Asstt. Registrar, Faizabad region addressed to Additional Registrar, Co-operative Societies, U. P. dated 30th June, 1987 contained in annexures-1, indicate that opposite party no. 3 appointed the petitioner after knowing all the particulars regarding the date of birth etc., about the petitioner. It further revealed that he recommended that the petitioner be absorbed in service and relexation about her age may be granted by the Registrar.. It also reveals that the petitioner had intimate relations with the family of the petitioner. The question whether the petitioner had written notes contained in annexures 5 to 10 and sent the same to the petitioner, although it has been denied by the opposite party no. 3 needs to be probed for the reason that the conduct of the opposite party no. 3 cannot be said to be above board. The language has emanated from a perverted mind and such an officer does not deserve to hold an important position. We can not shut our eyes from the reality that a large number of ladies have started joining private and public services. While they are away from their houses it is the solemn duty of the employer to safeguard and protect their honour and dignity If the Officers start behaving in an indecent manner, with the lady employees, no father or husband will allow his daughter and wife respectively to seek employment in public offices. Articles t4 and 16 of the Constitution of India casts a duty upon an employer not to discriminate any person on the ground of sex. Making overtures, passing indecent remarks upon women employees are the most indecent acts which deserve to be deplored and officers, indulging into, such acts should be severely punished. We direct opposite party no. 1 to hold an enquiry into the allegations made by the petitioner in pare, 9A, 10, 12, 13 and 14 made by the petitioner in her writ petition. In case the allegations are proved exemplary punishment should be awarded against opposite party no 3 but in case the allegations are found baseless similar action, be taken against the petitioner.