SMT. PRATIBHA SINGHAL Vs. BANK OF BARODA

JUDGEMENT

(1.) The petitioner herein has prayed for quashing of the final order dated 5.11.2008 vide which the petitioner has been removed from service but with superannuation benefits as well as the order dated 20.06.2009 dismissing the appeal against the final order dated 5.11.2008.

(2.) As per the averments made in the petition and the arguments raised by the learned counsel, the petitioner was appointed as Cashier cum Clerk in the Bank of Baroda on 4.3.1985 and was transferred to Main Branch, Bhilwara on 10.07.2004. The petitioner had undergone sterilization operation on 25.5.2007 at Krishna Hospital, Bhilwara. She sent her application for leave on 28.05.2007 along with the medical certificate. The said application was stated to have been sent to respondent No.5 through her daughter on the same day i.e. 28.05.2007. It is alleged by the petitioner that respondent No.5 misbehaved and also used abusive language when her daughter went to deliver the said application. Thereafter, the husband of the petitioner accompanied with his daughter went to meet respondent No.5 to find out the cause of his behaviour but the respondent No.5 misbehaved with the husband of the petitioner as well. When the petitioner came to know about the whole incident, she made a call to Assistant General Manager Shri N.K. Jain and informed him about the entire episode. Thereafter, the petitioner resumed her duties after she was found fit but the authorities did not allow her to join and instead directed her to appear before the Medical Board for Medical examination for the purpose of verifying whether the petitioner had actually undergone the sterilization operation or not. A copy of the letter dated 28.5.2007 vide which she was directed to appear before the Bank's Doctor for being medically examined has been placed on record as Annexure-1 and the order of the office constituting the Medical Board to examine her is dated 13.06.2007.

(3.) Hurt and aggrieved, the petitioner made written complaint on 19.06.2007 to the higher authorities as well as to the National Women Commission, New Delhi with the allegation that respondent No.5 had tried to sexual harass her at the work place. A complaint was also made to the Chairman and MD of the Bank on 30.11.2007. On the other side, the respondent No.5 as a counter blast and with the intent to settle scores with the petitioner served a show cause notice dated 31.08.2007 upon the petitioner with the allegation that she was habitually absent from duty without prior sanction. Almost 18 occasions were mentioned in the notice during the year 2007 itself when the petitioner remained absent. The petitioner responded by her reply. However, she was placed under suspension vide order dated 17.09.2007. A charge sheet was also issued to her on 6.10.2007. A corrigendum to the charge sheet was also issued on 26.11.2007. A detail written statement was submitted before the Enquiry Officer. After conclusion of the enquiry, the charges levelled against the petitioner were proved to be correct vide enquiry report dated 15.07.2008. The petitioner was required to respond to the enquiry report. The petitioner also submitted a detailed representation raising objections to the enquiry report. However, a proposed punishment order was issued on 7.10.2008 whereby the punishment proposed was "removal from service with superannuation benefits i.e. pension and/or provident fund and gratuity as would be due otherwise under the rules and regulations prevailing at the relevant time and without disqualification from future employment." However, her services were removed as above vide order dated 5.11.2008. Her appeal against the order dated 5.11.2008 was also dismissed vide order dated 20.06.2009.