T.S.KOLHATKAR Vs. AIR INDIA & ORS

JUDGEMENT

(1.) The challenge in this Petition filed by the Petitioner under Article 226 of the Constitution of India is to an order dated 23.12.2002 awarding punishment of suspension for two days on loss of pay and wages. By this order, it is directed that the Petitioner would be paid subsistence allowance at 50% of his basic pay plus D.A.allowance for the first six months and thereafter at 75% and that the Petitioner will not be entitled to any pay over and above this during the said suspension period.

(2.) The facts of the case in a nutshell are as under : The Petitioner was served with the charge sheet along with suspension memo alleging non-performance of duties and that the Petitioner was indulging in sexual harassment of women. The charge sheet is dated 20.2.2001. It would be material to re-produce the relevant portion of the chargesheet in respect of the charges levelled against the Petitioner.

(3.) The Petitioner by his letter dated 26.2.2001 denied the charges. According to him the same are concocted and fabricated. By a letter dated 2.3.2001 the Petitioner was informed that the said charges were based on a complaint dated 13.2.2001 made by one Mrs.Deepa Kanchan to the Deputy General Manager (Engineering). The Petitioner submitted his reply on 14.3.2001. By a communication dated 2.4.2001 the Petitioner was informed that his reply to the charge sheet was not satisfactory and hence Mr.P.Lakra General Manager, Material Management Department was appointed as an Enquiry Officer to conduct an inquiry against the Petitioner. The Petitioner had reservations about Mr.Lakra conducting the enquiry.