UNION OF INDIA Vs. VIBHA SINHA

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 30/5/2025, passed in OA/050/00758/2023, whereby and whereunder the Ld. Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the "CAT") has been pleased to allow the original application filed by the respondent herein by quashing the order of punishment dtd. 14/8/2023, as conveyed to the respondent vide office order dtd. 23/8/2023 and the petitioners have been further directed to grant all consequential benefits to the respondent within a period of three months of the date of receipt of the said order.

(2.) The short facts of the case, according to the original applicant - Respondent are that she started her career with the Central Government Health Services in the year 1997 by joining the post of Medical Officer on 24/6/1998, whereafter she was promoted as Senior Medical Officer in the year, 2001, after which she was promoted as Chief Medical Officer in the year, 2009 and as Chief Medical Officer (NFSG) in the year, 2013. It is stated that though the petitioner was due to be promoted on the post of Senior Administrative Grade in the year 2016, however the same has been denied to her. It is the case of the respondent that after rendering about 24 years of unblemished service, she was being put to trouble, inasmuch as firstly she was transferred from Patna to Prayagraj, whereafter a motivated departmental proceeding was initiated against her, vide memorandum of charge dtd. 17/5/2021, which was issued under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as the "Rules, 1965"). In the said memo of charge dtd. 17/5/2021, two charges were levelled against the Respondent, firstly that while she was posted as Chief Medical Officer (CMO), NFSG, at the office of the Additional Director, CGHS, Patna, she was found to be a habitual late comer and used to leave the Wellness Centre early, hence by her said act the Respondent has failed to maintain devotion towards duty and has acted in a manner unbecoming of a Government Servant. The second charge levelled against the Respondent was that while she was posted as Chief Medical Officer, NFSG at the office of the Additional Director, CGHS, Patna, she was involved in private practice at Ashadeep Nursing Home, Bhikhna Pahari, Patna, Bihar, hence has thereby committed gross official misconduct as also has contravened the provisions contained in Rule 13 of the Central Health Services Rules, 2014, as such has failed to maintain absolute integrity and devotion towards duty and has acted in a manner unbecoming of a Government Servant.

(3.) The respondent had then filed a written statement of defence on 29/5/2021 to the memorandum of charge dtd. 17/5/2021, refuting all the aforesaid charges, whereafter the disciplinary enquiry had started, wherein the respondent had participated and finally the Enquiry Officer submitted his enquiry report dtd. 28/12/2021, wherein on the basis of the evidence adduced before him during the course of the enquiry, he found the allegations levelled against the Respondent to have not been proved. At this juncture, it would be relevant to reproduce the conclusion part of the inquiry report dtd. 28/12/2021 herein below:-