RAJINDER KUMAR DAWRA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Petitioner has approached this Court by way of the present writ petition challenging the order dated 24.08.2020 (Annexure P-20) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'Tribunal'), vide which the original application filed by him has been dismissed for quashing the enquiry report dated 14.08.2018 (Annexure P-11), the advise para of the Union Public Service Commission (hereinafter referred to as 'UPSC') forwarded vide memorandum dated 19.11.2019 (Annexure P-14), whereby the petitioner has been found guilty and punishment of reversion to the next lower post on permanent basis has been proposed and order dated 11.03.2020 (Annexure P-16), whereby the Disciplinary Authority has accepted the advise of UPSC and imposed the punishment of reversion to the next lower post on permanent basis. Further challenge has been posed to the order dated 25.10.2016 (Annexure P-5) passed by the Tribunal, whereby the original application filed by the petitioner against the charge memo dated 01.07.2013/05.06.2013 and notice dated 20.05.2014 was dismissed and order dated dated 14.03.2017 (Annexure P-5/A) passed by the Tribunal dismissing the review application of the petitioner.

(2.) Petitioner asserts that he had been working with the respondent department since 22.06.1987. On 08.06.2010, petitioner was transferred from Punjab Telecommunication Circle, BSNL Amritsar to Haryana Telecommunication Circle, BSNL Ambala, vide Circle Office New Delhi letter dated 08.06.2010 as General Manager (EB) in place of Mr. M.N. Upadhyay. On reaching Ambala Circle office to join his new place of posting, he was impressed upon by the then CGMT Haryana to join at Yamuna Nagar. Petitioner did not agree to the same and therefore, he was adjusted as General Manager (Infrastructure) by creating a new post. Refusal of the petitioner to go to Yamuna Nagar was not taken in the right spirit and a grudge was nurtured.

(3.) One Ms. Nupur, JTO (Infrastructure) joined at Ambala on 09.08.2010. Since she was not observing office timings properly, she was asked by the petitioner to be punctual. On the instigation of the Association/Union, she lodged a false complaint against him on 11.08.2010 (Annexure P-2) to the CGMT Circle Office, Ambala, alleging misbehaviour with her by the petitioner on two-three occasions, demanding suitable action on the same. The matter was referred to the Sexual Harassment Committee of BSNL, Haryana Circle Office, Ambala, which was headed by Mrs. Anita Manchanda. The Sexual Harassment Committee submitted its report on 11.08.2020 (Annexure P-3) unanimously concluding that the petitioner had committed the offence as alleged by Ms. Nupur and also mentioned that all the facts seemed to be true. The Committee recommended suspension of the petitioner and suitable disciplinary action to be taken as per rules. Recommendation was also made that the petitioner be transferred from Haryana Circle. Accordingly, petitioner was placed under suspension on 11.08.2010 by the General Manager (BSNL), Ambala Circle.