BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL,
PRINCIPAL BENCH AT NEW DELHI.
ORIGINAL APPLICATION NO. Original application number OF Year of filing
IN THE MATTER OF :-
SMT. Applicant's name: PETITIONER/APPLICANT
VERSUS
UNION OF INDIA & ANR.: RESPONDENTS
INDEX
| SL. NO. | PARTICULARS | PAGE NO. | C. Fees |
| 2. | Original Application under Section 19 of the Administrative Tribunals Act, 1985, along with Affidavit in Support. | | |
| 3. | ANNEXURE A-1: Copy of the order dated Date of penalty order (day).Date of penalty order (month).Date of penalty order (year) passed by Respondent No. 2 imposing upon the Applicant the penalty of reduction to a lower stage in the time scale of pay by one stage for a period of three years. | | |
| 4. | ANNEXURE A-2: Copy of Office Order No. Office order number dated Date of office order (day).Date of office order (month).Date of office order (year) issued by Respondent No. 2 approving the order dated Date of penalty order (day).Date of penalty order (month).Date of penalty order (year) whereby the penalty was imposed upon the Applicant. | | |
| 5. | ANNEXURE A-3: Copy of the order dated Date of appellate order (day).Date of appellate order (month).Date of appellate order (year) passed by the Vigilance Division of Respondent No. 2 dismissing the appeal of the Applicant. | | |
| 4. | ANNEXURE A-4: Copy of Office Order No. Office order number (Annexure A-4)/Office order year (Annexure A-4) dated Date of office order A-4 (day).Date of office order A-4 (month).Date of office order A-4 (year). | | |
| 5. | ANNEXURE A-5: Copy of the Circular dated Date of circular (day).Date of circular (month).Date of circular (year) issued by Respondent No. 2 regarding regularization of absence during the Covid-19 lockdown period. | | |
| 6. | ANNEXURE A-6: Copy of the Office Memorandum dated Date of office memorandum (day).Date of office memorandum (month).Date of office memorandum (year) issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training). | | |
| 7. | ANNEXURE A-7: Copy of the Memorandum dated Date of inquiry memorandum (day).Date of inquiry memorandum (month).Date of inquiry memorandum (year) issued by Respondent No. 2 for holding a disciplinary inquiry against the Applicant. | | |
| 8. | ANNEXURE A-8 (Colly): Copies of the statement of defence dated Date of defence statement (day).Date of defence statement (month).Date of defence statement (year) submitted by the Applicant to Respondent No. 2 in response to the Memorandum dated Date of inquiry memorandum (day).Date of inquiry memorandum (month).Date of inquiry memorandum (year), along with supporting documents. | | |
| 9. | ANNEXURE A-9: Copy of the order dated Date of disciplinary authority order (day).Date of disciplinary authority order (month).Date of disciplinary authority order (year) issued by the Disciplinary Authority of Respondent No. 2. | | |
| 10. | ANNEXURE A-10: Copy of the letter for inquiry issued against the Applicant under Rule 13 of the CCS (CCA) Rules. | | |
| 11. | ANNEXURE A-11: Copy of the daily order sheet of the preliminary hearing held by the Inquiry Officer dated Date of daily order sheet of preliminary hearing (day).Date of daily order sheet of preliminary hearing (month).Date of daily order sheet of preliminary hearing (year). | | |
| 12. | ANNEXURE A-12: Copy of the letter dated Date of inquiry call letter (day).Date of inquiry call letter (month).Date of inquiry call letter (year) issued by the Inquiry Authority of Respondent No. 2 calling upon the Applicant to appear at the regular inquiry. | | |
| 13. | ANNEXURE A-13: Copy of the daily order sheet-I dated Date of daily order sheet-I (day).Date of daily order sheet-I (month).Date of daily order sheet-I (year) recorded by the Inquiry Officer of Respondent No. 2. | | |
| 14. | ANNEXURE A-14: Copy of the daily order sheet dated Date of daily order sheet of witness examination (day).Date of daily order sheet of witness examination (month).Date of daily order sheet of witness examination (year) recorded by the Inquiry Officer of Respondent No. 2, recording the examination and cross-examination of the witness. | | |
| 15. | ANNEXURE A-15: Copy of the letter dated Date of inquiry hearing letter (day).Date of inquiry hearing letter (month).Date of inquiry hearing letter (year) issued by the Inquiry Officer of Respondent No. 2 calling the Applicant for the regular inquiry hearing. | | |
| 16. | ANNEXURE A-16: Copy of the written brief submitted by the Presenting Officer dated Date of presenting officer's written brief (day).Date of presenting officer's written brief (month).Date of presenting officer's written brief (year). | | |
| 17. | ANNEXURE A-17: Copy of the daily order sheet-3 dated Date of daily order sheet-3 (day).Date of daily order sheet-3 (month).Date of daily order sheet-3 (year) recorded by the Inquiry Officer of Respondent No. 2, recording the examination and cross-examination of the witness. | | |
| 18. | ANNEXURE A-18: Copy of the letter dated Date of letter enclosing inquiry report (day).Date of letter enclosing inquiry report (month).Date of letter enclosing inquiry report (year) enclosing a copy of the inquiry report dated Date of inquiry report (day).Date of inquiry report (month).Date of inquiry report (year) submitted to the Disciplinary Authority. | | |
| 19. | ANNEXURE A-19: Copy of the written brief submitted by the Charged Officer (Applicant) dated Date of charged officer's written brief (day).Date of charged officer's written brief (month).Date of charged officer's written brief (year). | | |
| 20. | ANNEXURE A-20: Copy of the letter dated Date of applicant's letter for leave regularization (day).Date of applicant's letter for leave regularization (month).Date of applicant's letter for leave regularization (year) sent by the Applicant to Respondent No. 2 requesting regularization of leave and release of the salary held back. | | |
| 21. | ANNEXURE A-21: Copy of the letter dated Date of respondent's reply letter (day).Date of respondent's reply letter (month).Date of respondent's reply letter (year) issued by Respondent No. 2 in response to the letter dated Date of applicant's earlier letter (day).Date of applicant's earlier letter (month).Date of applicant's earlier letter (year) of the Applicant. | | |
APPLICANT
Through
Place: New Delhi
Dated:
Counsel's name & ASSOCIATES
Through
Second counsel's name
Advocate
Counsel's address line 1, Counsel's address line 2,
New Delhi-Counsel's pincode
Mob. No. Counsel's mobile number
Email:
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL,
PRINCIPAL BENCH AT NEW DELHI.
ORIGINAL APPLICATION NO. Original application number OF Year of filing.
IN THE MATTER OF :-
SMT. Applicant's name: APPLICANT
VERSUS
UNION OF INDIA & ANR.: RESPONDENTS
MEMO OF PARTIES
SMT. Applicant's name
Jr. Accountant,
Applicant's office/department name
Applicant's office address
New Delhi-Office pincode.….APPLICANT
VERSUS
1. UNION OF INDIA
Union of India address
New Delhi
2.Respondent no. 2's name
Respondent no. 2's address
New Delhi-Respondent no. 2's pincode.
Through its Director….RESPONDENTS
APPLICANT
Through
Place: New Delhi
Dated:
Counsel's name & ASSOCIATES
Through
Second counsel's name
Advocate
Counsel's address line 1, Counsel's address line 2,
New Delhi-Counsel's pincode
Mob. No. Counsel's mobile number
Email:
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL,
PRINCIPAL BENCH AT NEW DELHI.
ORIGINAL APPLICATION NO. Original application number OF Year of filing.
IN THE MATTER OF :-
SMT. Applicant's name
Jr. Accountant,
Applicant's office/department name
Applicant's office address
New Delhi-Office pincode….APPLICANT
VERSUS
1. UNION OF INDIA
Union of India address
New Delhi
2.Respondent no. 2's name
Respondent no. 2's address
New Delhi-Respondent no. 2's pincode.
Through its Director…RESPONDENTS
APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985
MOST RESPECTFULLY SHOWETH:
1.That Order No. Penalty order number (part 1)/Penalty order number (part 2)/Penalty order number (part 3)/Penalty order number (part 4)/Penalty order number (part 5) dated Date of penalty order (day).Date of penalty order (month).Date of penalty order (year) was passed by the Designation of penalty-imposing authority (Personnel Division), i.e., Respondent No. 2, whereby the penalty of reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years was imposed upon the Applicant. A copy of the said order dated Date of penalty order (day).Date of penalty order (month).Date of penalty order (year) is annexed hereto and marked as Annexure A-1. Thereafter, Respondent No. 2 also approved the said order dated Date of penalty order (day).Date of penalty order (month).Date of penalty order (year) vide Office Order No. Office order number dated Date of office order approving the penalty against the Applicant.
That Order No. Appeal dismissal order number (part 1)/Appeal dismissal order number (part 2)/Appeal dismissal order number (part 3)/Appeal dismissal order number (part 4)-Pt./X dated Date of appellate order (day).Date of appellate order (month).Date of appellate order (year) was passed by the Vigilance Division of Respondent No. 2, dismissing the appeal submitted by the Applicant pursuant to the order dated Date of penalty order (day).Date of penalty order (month).Date of penalty order (year) passed by the Personnel Division of Respondent No. 2. A copy of the order dated Date of appellate order (day).Date of appellate order (month).Date of appellate order (year) passed by the Vigilance Division of Respondent No. 2, dismissing the appeal, is annexed hereto and marked as Annexure A-3.
2.Jurisdiction of the Appellate Tribunal:
That the parties to the present application reside and work in Delhi, and both the Respondents are located in Delhi. Hence, this Hon'ble Tribunal has the jurisdiction to try and entertain the present application.
3.Limitation:
That the present application is within the period of limitation by virtue of clause (a) of sub-section (2) of Section 21 of the Administrative Tribunals Act, 1985.
4.Facts of the case:
i.That Respondents No. 1 and 2 are "State" within the meaning of Article 12 of the Constitution of India and are, therefore, amenable to the supervisory jurisdiction of this Hon'ble Tribunal.
ii.That the Petitioner joined Organisation where applicant joined on Date of joining (day).Date of joining (month).Date of joining (year) as Junior Accountant. The initial posting was in the DDO (Cash) Section of the organisation, but within a month of the posting, the then Officer-in-Charge appointed the Petitioner as Cashier, Cashier posting section, and the Petitioner handled the entire responsibility of cash handling, its disbursement, and the bank-related responsibilities associated therewith. The keys of the chest wherein the cash, FDRs, bank guarantees and other documents of crucial importance were kept were all handled by the Petitioner. The Petitioner was officially the first woman Cashier to handle such charge in Organisation name, and all this was done within one month of the Applicant joining Organisation name. The Petitioner handled the said charges with utmost sincerity and devotion until she proceeded on maternity leave from Maternity leave start to Maternity leave end. Upon returning from maternity leave, the Petitioner was given a posting in the Integrated Finance Unit of Finance unit name and was assigned the responsibilities of budget formulation, handling of grant-in-aid, and distribution of grants to Name of grantee centres Centres worldwide, and for most of the duties assigned, she reported directly to the Director (Finance). The Petitioner was the only woman employee posted in the Budget & Finance Wing of the Division. During the posting in the Finance wing of Organisation name, the Petitioner was given two additional responsibilities, as mentioned hereunder:
Stationery In-charge of the Stationery in-charge wing name Finance Wing – The Petitioner was assigned the responsibility of Stationery In-charge, and this was again the first time that any woman employee was given this charge. This charge was assigned after Number of years prior charge was held years of the said charge being handled by the same person posted in the unit, and was given with the orders of the Executive (Finance), despite the presence of other senior and similarly ranked male officials. This itself demonstrates the capabilities, strengths, work handling and other qualities possessed by the Petitioner.
Additional charge of the Academy name Academy – The Petitioner was given the additional charge of handling the work of the Academy name Academy in addition to her existing responsibilities. This in itself speaks of the qualities and capabilities of the Petitioner and the manner in which she handled the assigned responsibilities. However, after the instant case, the Petitioner joined back the Finance Unit, but upon issuance of the charge-sheet she was transferred to First transfer location, and after about Number of months before second transfer months, she was again transferred from Transfer from location to the Division transferred to Division. This was done to humiliate the Applicant further, on the footing that, having been charge-sheeted, she could not continue as a normal employee. The case, the penalty and all these proceedings have placed a question mark on the entire image, reputation and career of the Applicant, and that too merely for not attending office due to the circumstances which were always duly apprised to the Reporting Officer. No work-related complaints were ever raised, no ill-mannered behaviour was ever noticed, and no lapse in the performance of the assigned responsibilities was ever reported on the part of the Applicant. The Annual Performance Appraisal Reports of the Applicant speak for themselves. The mere absence, attributable to the circumstances always briefed to the authorities during the critical times of the COVID-19 pandemic, was manipulated to harass the Applicant so as to satisfy the egoistic mentality of suppressing her. The Petitioner, who has never been involved in any criminal proceedings and has always abided by the integrity and responsibility of the duties assigned, does not deserve to be treated in this manner, destroying the principles of natural justice and basic human dignity, in light of her entire length of service and the career still ahead of her.
iii.That in the month of March, 2020, a nationwide lockdown was announced owing to the pandemic of the COVID-19 virus, and all government and private offices, transport services, etc., were shut down during this period. The area of residence of the Applicant was amongst the worst-affected areas and remained completely sealed for around a month, and even after de-sealing, the preventive measures were continued by the authorities in her area. Despite this, cases were being reported on a regular basis, and in those days most cases were asymptomatic, wherein it became difficult to trace the symptoms, and sudden deaths were also being reported. Lately, a positive case was detected in the immediate vicinity, thereby increasing the risk factor for the residents of her area. After being apprised of the entire situation, Respondent No. 2 was requested to spare the Applicant from attending office and to permit her to work from home. The Applicant resides with her minor son aged about Age of the Applicant's minor son years and her mother aged about Mother's age years, and is the sole support for both of them; they depend upon the Applicant for the majority of their routine duties. Earlier, a house help was arranged to look after the child after his return from school, but in the COVID-19 scenario they were fully dependent upon the Applicant. In fact, her mother suffered a back injury, due to which she remained bedridden, and all sorts of domestic work and activities were prohibited for her; in such a situation, if the Applicant were to get infected at any stage, both of them would be at stake, and even their basic survival would become difficult. Further, it is also a well-known fact that both these age groups being the most vulnerable age groups, they are always at a higher risk than the general public, and even the Government has issued strict guidelines for both these age groups. Further, the school remained closed in the past, but online classes were being conducted on a daily basis, with assignments and homework being given, for which there was no one to support the child in the Applicant's absence, and his entire studies would have suffered.
iv.It is pertinent to state here that attendance during the period from Attendance restriction start (day).Attendance restriction start (month).Attendance restriction start (year) up to Attendance restriction end (day).Attendance restriction end (month).Attendance restriction end (year) was restricted to Permitted attendance percentage%, and the divisional heads were directed to prepare rosters of duties. However, no roster was framed or communicated to the applicant at any stage. (Office Order No. First office order number/First office order year dated Date of first office order (day).Date of first office order (month).Date of first office order (year) and No. Second office order number/Second office order year dated Date of second office order (day).Date of second office order (month).Date of second office order (year) are enclosed for reference.)
v.That the applicant was requested to attend office on First requested attendance date (day).First requested attendance date (month).First requested attendance date (year). Owing to the non-availability of any transport facility, the applicant was unable to attend office, and this was duly intimated to the Director (Finance) of respondent no. 2, which the said Director has confirmed.
vi.That the applicant was requested on Second request date (day).Second request date (month).Second request date (year) to attend office on the following day, i.e., Next-day attendance date (day).Next-day attendance date (month).Next-day attendance date (year). However, the area where the applicant resides was notified as a Containment Zone by the authorities on Containment zone declaration date (day).Containment zone declaration date (month).Containment zone declaration date (year), and the same was also intimated to the Director (Finance) of respondent no. 2, as can be verified from the record of statements of urgent work updated till Statements updated till date (day).Statements updated till date (month).Statements updated till date (year). It is further pointed out that no official transport was arranged; instead, a male official was requested to pick up the applicant in his personal vehicle.
vii.That the applicant was requested to attend office on Third requested attendance date (day).Third requested attendance date (month).Third requested attendance date (year) but did not attend, as the area stood declared a containment zone and, in accordance with the orders, no movement was permitted within the containment zone. The same was also intimated to the Director (Finance) of respondent no. 2.
viii.That the applicant likewise did not attend office on Fourth absence date (day).Fourth absence date (month).Fourth absence date (year), as the area continued to remain under containment.
ix.That the applicant was required to compile the information which she handled, and all statements of crucial nature dealt with by the applicant had already been completed by her prior to proceeding on leave.
x.That the principal statements required urgently had already been completed by the applicant in all respects before she proceeded on leave, and no further updations were made in those statements till date, a fact which has also been confirmed by the Reporting Officer.
xi.That the applicant also worked from home after Work-from-home start date (day).Work-from-home start date (month).Work-from-home start date (year), as the necessary support was always provided by her, including the identification and forwarding of documents from backup emails from time to time, and the updating of the required statements whenever she was asked to do so.
xii.That the applicant clearly apprised the Reporting Officer of the prevailing situation through a WhatsApp message dated WhatsApp message date (day).WhatsApp message date (month).WhatsApp message date (year) and requested to be spared from attending office and permitted to work from home, to which he replied, "I understand the situation and the condition of yourself. Please take care of yourself." This clearly indicates his consent. Further, in accordance with the instructions issued by Authority issuing work-from-home instructions, work from home was to be followed as far as possible. It is evident that on every occasion the applicant apprised the Reporting Officer of the prevailing situation, he agreed and permitted the applicant to be spared from attending office. However, it is learnt from the memorandum and its enclosures that an entirely different picture was presented by the Director (Finance) of respondent no. 2.
xiii.That in response to the email of the Director (Finance) of respondent no. 2, no communication or orders were issued by the ED (Finance) of respondent no. 2 to the applicant. An email was forwarded to the Personnel Division on Email forwarding date (day).Email forwarding date (month).Email forwarding date (year) by the Director (Finance) of respondent no. 2, presenting a doctored picture of the facts.
xiv.That no written intimation or directions were given to the applicant by the Reporting Officer himself, despite his being in a supervisory role, and the matter was forwarded directly to the Personnel Division, which indicates an intentional and premeditated course of action against the applicant. It is clearly provided in Rule 3(2)(i) that "every government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all government servants for the time being under his control and authority".
xv.That, finding it difficult to manage domestic responsibilities at home and official work simultaneously owing to the illness of her mother and the examinations of her child, the applicant submitted an application for the grant of Type of leave applied for for the period Leave period start (day).Leave period start (month).Leave period start (year) to Leave period end (day).Leave period end (month).Leave period end (year) through email dated Date of leave application email (day).Date of leave application email (month).Date of leave application email (year).
xvi.That the applicant's email seeking grant of Type of leave applied for dated Date of leave grant email (day).Date of leave grant email (month).Date of leave grant email (year) finds no mention in the imputations of memorandum of charges, thereby concealing material facts and reflecting a premeditated and planned response. A response was issued to the applicant on Date of response to applicant (day).Date of response to applicant (month).Date of response to applicant (year), despite her having been apprised in her application dated Date of leave application (day).Date of leave application (month).Date of leave application (year) of the prevailing situation at her home.
xvii.That, following the applicant's leave application, an email was received from the Director (Finance) of respondent no. 2 on the next day, i.e., Date of resume-duties email (day).Date of resume-duties email (month).Date of resume-duties email (year), directing her to resume duties immediately. However, in view of the prevailing situation at home, namely her mother's illness and her child's examinations, the applicant was not in a position to join office, and she requested the Reporting Officer on Date of CCL request (day).Date of CCL request (month).Date of CCL request (year) to consider grant of CCL. Keeping in view the requirements of the office, the applicant once again curtailed her leave from Curtailed leave start (day).Curtailed leave start (month).Curtailed leave start (year) to Curtailed leave end (day).Curtailed leave end (month).Curtailed leave end (year) vide email dated Date of curtailment email (day).Date of curtailment email (month).Date of curtailment email (year), as the child's examinations were scheduled up to Child's exam end date (day).Child's exam end date (month).Child's exam end date (year).
xviii.That on the next day, i.e., Date of letter forwarding (day).Date of letter forwarding (month).Date of letter forwarding (year), Name of AD (Pers.), AD (Pers.), forwarded through WhatsApp a letter issued by the Personnel Division directing the applicant to report for duties and to explain the reasons for not attending office from Absence start date (day).Absence start date (month).Absence start date (year) till date. The letter was issued by the Personnel Division on Date of letter issue (day).Date of letter issue (month).Date of letter issue (year), but it was forwarded to the applicant only on Date of forwarding to applicant (day).Date of forwarding to applicant (month).Date of forwarding to applicant (year), although a copy thereof had been endorsed to the Reporting Officer well in advance.
xix.That upon receipt of the letter from the Personnel Division, the applicant was left in a state of confusion and endeavoured to seek the advice and guidance of the Reporting Officer, as the applicant had always apprised him of the situation from time to time before submitting any reply or response to the Personnel Division. The silence of the said officer marked a deliberate aggravation of the matter, thereby deliberately escalating matters to the level of pressure intended to be brought upon the applicant.
xx.That the Reporting Officer failed to empathise with his employee, which is clearly arbitrary and unjustified. The matter was aggravated intentionally.
xxi.That in response to the letter issued by the Personnel Division dated Date of personnel division letter (day).Date of personnel division letter (month).Date of personnel division letter (year), received by the applicant on Date of receipt of letter (day).Date of receipt of letter (month).Date of receipt of letter (year), the hardships faced by the applicant and the reasons for not attending the office were duly intimated to the Personnel Division vide email dated Date of email to personnel division (day).Date of email to personnel division (month).Date of email to personnel division (year). Since the decision on the request for grant of Child Care Leave was pending at the level of the Competent Authority, the same was also brought to the notice of the Personnel Division in the email dated Date of second email to personnel division (day).Date of second email to personnel division (day).Date of second email to personnel division (day), a copy whereof was endorsed to ED (Finance) and Director (Finance) of respondent no. 2. It was also stated in the said email that the applicant would join duties on the basis of the decision conveyed on the leave application or as directed by the Competent Authority.
xxii.That no direction was received either from the Reporting Officer or from the Personnel Division to join duties, thereby creating the impression that the request of the applicant had been considered. A copy of the letter was forwarded by AD (Pers.) through WhatsApp on Date of WhatsApp forwarding of letter (day).Date of WhatsApp forwarding of letter (month).Date of WhatsApp forwarding of letter (year), requesting the DDO to stop the monthly salary of the applicant.
xxiii. That the applicant apprised the Director (Pers.) of the prevailing situation telephonically on the very same day, i.e., Date of telephone call to Director (Pers.) (day).Date of telephone call to Director (Pers.) (day).Date of telephone call to Director (Pers.) (day), and the said officer directed the applicant to brief him on the current situation, which was done through email dated Date of briefing email (day).Date of briefing email (month).Date of briefing email (year). Even thereafter, no direction was received either from the Reporting Officer or from the Personnel Division to join duties.
xxiv.That the applicant never availed any leave without the approval of the Competent Authority, and requested that the leave be considered on humanitarian grounds and as a special case, in view of the sudden turn of events at her home, which was clearly specified in the email dated Date of email on home situation (day).Date of email on home situation (month).Date of email on home situation (year).
xxv.That the applicant sought the leave in light of the power of the Competent Authority to relax the provisions of the rules in an individual case where it appears just and equitable to do so. The applicant, however, never claimed the leave as a matter of right, and consistently left the final decision in the hands of the Competent Authority, as has been clearly stated in the email dated Date of email on competent authority directions (day).Date of email on competent authority directions (day).Date of email on competent authority directions (day).
xxvi.That no directions to join duties were received by the applicant, either from the Competent Authority, the Reporting Officer, or the Personnel Division. The applicant, after the child's examination and upon the expiry of the Child Care Leave applied for through email, joined the office on Date of joining office (day).Date of joining office (month).Date of joining office (year), Saturday date (day).Saturday date (month).Saturday date (year) and Sunday date (day).Sunday date (month).Sunday date (year) being Saturday and Sunday.
xxvii. That the matter was pending consideration before the Personnel Division and no directions were received on the said matter. Further, Child Care Leave for the period CCL period start (day).Details.Details to Details.Details.Details had already been intimated through email.
xxviii. From the above facts, it is evident that the applicant could not attend the office from Details.Details.Details to Details.Details.Details owing to the nationwide lockdown, and further that the area where the applicant resides was declared a containment zone from Details.Details.Details to Details.Details.Details (the actual sealing being opened on Details.Details.Details), and the Reporting Officer was duly apprised of the situation. The reasons for not attending the office during the period mentioned above were beyond the control of the applicant; the Reporting Officer was apprised of the facts; and the applicant also worked from home, as confirmed by the Director (Finance) of respondent no. 2. Accordingly, the charge of insubordination, indiscipline and unauthorised absence cannot be imposed.
xxix.That for the period thereafter, and up to Details.Details.Details, the response of the Director (Finance) of respondent no. 2 to sparing the applicant from attending the office was always in the affirmative, which can be confirmed from the WhatsApp conversations between the applicant and the Director (Finance) of respondent no. 2.
Details.That for the period Details.Details.Details to Details.Details.Details, an application for the grant of Child Care Leave had already been submitted, and the decision thereon was never communicated to the applicant. In the emails dated Details.Details.Details, Details.Details.Details and Details.Details.Details, the applicant repeatedly sought the directions of the Competent Authority, which were not communicated to the applicant. Hence, the imputations of indiscipline, insubordination or unauthorised absence are deceitful.
Details.That the Reporting Officer, despite knowing the situation and the plea of the applicant for grant of Child Care Leave up to Details.Details.Details, presented only a partial picture to ED (Finance), without any mention of the same in his remarks, just one day prior to the end of the requested period of leave, which marks a deliberate move by the Reporting Officer to harass and defame the applicant in the eyes of her superiors.
Details. From the above facts — namely, the affirmative responses given by the Director (Finance) of respondent no. 2 on WhatsApp every time the applicant sought to work from home; the non-preparation of any roster till Details.Details.Details despite the constant guidelines issued for assigning duties as per roster depending upon the exigency of work and the requirement of the physical presence of employees; the misrepresentation of the case to ED (Finance) and the Personnel Division by the Director (Finance) of respondent no. 2; the issue of the Personnel Division's letter dated Details.Details.Details, received on Details.Details.Details, after the applicant's application for Child Care Leave; the non-issuance of any direction to join duties even after the email dated Details.Details.Details, which clearly stated that the applicant would join as per the directions of the Competent Authority; and the presentation of half facts to the superiors just one day prior to the certain joining of the applicant — it is quite evident that the applicant is being falsely implicated on the charges and is being harassed unnecessarily.
Details. A charge of violation of Rule 3(1)(ii), i.e., lack of devotion to duty, has also been imposed. As per DoPT's letter no. Details (X) dated 21.02.1986, a Government servant who habitually fails to perform the task assigned to him within the time set for the purpose, and with the quality of performance expected of him, shall be deemed to be lacking in devotion to duty within the meaning of clause (ii) of sub-rule (1). None of the statements of imputation proves the charge of violation of Rule 3(1)(ii) of the CCS (Conduct) Rules, 1964, which further corroborates the position that the applicant has been incorrectly framed, and the said charge is therefore liable to be quashed / set aside.
Details. It is submitted that human resource is perhaps the most valuable asset of any organization, and the aim of the human resource department is to understand the needs of the employees and to encourage them to work better towards the achievement of organizational goals, instead of framing incorrect charges against them and demotivating them. The stoppage of salary during this critical period for the past two months has led the applicant to believe in the well-settled principle that it is the tyranny of the petty-minded when laws are implemented bereft of human compassion.
Details. That the charges have been framed against the applicant by the charged officer on Date on which charges were framed by the charged officer to the effect that the applicant was on long unauthorized absence and had not joined the office from Alleged start date of unauthorized absence to Alleged end date of unauthorized absence, even after clear and repeated instructions from her reporting officer, which amounted to insubordination, indiscipline and unauthorized absence, and that by this act the applicant had violated Rule 3(1)(i), (ii) & (iii) of the CCS (Conduct) Rules, 1964. The said action is not justifiable, is unreasonable, arbitrary and without application of mind.
Details. That the disciplinary authority cannot dispense with the departmental inquiry arbitrarily or out of ulterior motive so as to avoid holding of the inquiry. The order imposing the penalty is arbitrary and in violation of the principles of natural justice. The disciplinary authority is obliged to comply with the aforesaid provisions in their true spirit. It is not a mere formality but a substantive right and protection given to a government servant against such action. The power to take administrative action is a wide power with serious consequences; hence, the greater is the obligation upon the authorities to act with responsibility and upon due application of mind.
Details. That feeling aggrieved by the acts and omissions of respondent no. 2 in not giving any relief to the applicant in terms of the service, the applicant is preferring the present application, inter alia, on the following grounds:
5.GROUNDS
a.For that the imposition of the penalty by respondent no. 2 is unjust, arbitrary and violative of the principles of natural justice.
b.For that the applicant is entitled to all benefits, and at least to the statutory benefits, for the period for which the applicant served the Government.
c.For that the applicant could not attend the office from Start date of absence due to nationwide lockdown to End date of absence due to nationwide lockdown due to the nationwide lockdown and due to the fact that the area where the applicant resides was declared a containment zone from Date from which applicant's area was declared a containment zone to Date till which applicant's area remained a containment zone (the actual sealing was opened on Date on which actual sealing was opened), and the reporting officer was apprised of the situation. The reasons for not attending the office for the period mentioned above were beyond the control of the applicant, the reporting officer was apprised of the facts, and the applicant also worked from home, as confirmed by the Director (Finance) of respondent no. 2. Hence, the charge of insubordination, indiscipline and unauthorized absence cannot be imposed.
d.For that, for the period beyond that, till Date till which Director (Finance) approved work from home, the response of the Director (Finance) of respondent no. 2 to spare the applicant from attending the office was always in the affirmative, which can be confirmed from the WhatsApp conversation between the applicant and the Director (Finance) of respondent no. 2.
e.For that, for the period Start date of the period for which CCL was applied to End date of the period for which CCL was applied, an application for grant of Child Care Leave (CCL) had already been submitted, and the decision thereon was never communicated to the applicant. In the emails dated Date of first email seeking directions of Competent Authority, Date of second email seeking directions of Competent Authority and Date of third email seeking directions of Competent Authority, the applicant repeatedly sought the directions of the Competent Authority, which were not communicated to the applicant. Hence, the imputation of indiscipline, insubordination or unauthorized absence is deceitful.
f.For that the reporting officer, knowing the situation and the plea of the applicant for grant of CCL up to Date up to which CCL was requested from the reporting officer, presented the picture to the ED (Finance) without any mention of the same in his remarks, merely a day prior to the end of her requested period of leave, which marks an intentional move by the reporting officer to harass and defame the applicant in the eyes of her superiors.
g.For that, in view of the affirmative response given by the Director (Finance) of respondent no. 2 on WhatsApp every time the applicant sought to work from home, the non-preparation of any roster till Date till which no roster was prepared despite constant guidelines issued for assigning duties as per roster depending upon the exigency of work and the requirement of physical presence of the employee, the misrepresentation of the case to the ED (Finance) and the Personnel Division by the Director (Finance) of respondent no. 2, the issue of the Personnel Division's letter dated Date of the Personnel Division's letter, received on Date on which the Personnel Division's letter was received after the application for CCL by the applicant, the non-issuance of any direction to join even after the email dated Date of email stating applicant would join as per Competent Authority's directions, which clearly stated that the applicant would join as per the directions of the Competent Authority, and the presentation of half facts to the superiors merely a day prior to the certain joining of the applicant, it is quite evident that the applicant is being falsely implicated in the charges and is being harassed unnecessarily.
h.For that the charge of violation of Rule 3(1)(ii), i.e., lack of devotion to duty, has also been imposed. As per DoPT's letter No. DoPT letter number regarding lack of devotion to duty dated Date of the DoPT letter, a government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty within the meaning of clause (ii) of sub-rule (1). None of the statements of imputation proves the charge of violation of Rule 3(1)(ii) of the CCS (Conduct) Rules, 1964, which further corroborates the point that the applicant is being incorrectly framed; hence, the same is liable to be quashed / set aside.
i.For that human resource is perhaps the most valuable asset of any organization, and the aim of the human resource department is to understand the needs of the employees and to encourage them to work better towards the achievement of organizational goals, instead of framing incorrect charges against them and demotivating them. The stoppage of salary during this critical period for the past two months has led the applicant to believe in the well-settled principle that it is the tyranny of the petty-minded when laws are implemented bereft of human compassion.
j.For that the charges have been framed against the applicant by the charged officer on Date on which charges were framed by the charged officer to the effect that the applicant was on long unauthorized absence and had not joined the office from Alleged start date of unauthorized absence to Alleged end date of unauthorized absence, even after clear and repeated instructions from her reporting officer, which amounted to insubordination, indiscipline and unauthorized absence, and that by this act the applicant had violated Rule 3(1)(i), (ii) & (iii) of the CCS (Conduct) Rules, 1964, which is not justifiable, is unreasonable, arbitrary and without application of mind.
k.For that the disciplinary authority cannot dispense with the departmental inquiry arbitrarily or out of ulterior motive so as to avoid holding of the inquiry. The order imposing the penalty is arbitrary and in violation of the principles of natural justice. The disciplinary authority is obliged to comply with the aforesaid provisions in their true spirit. It is not a mere formality but a substantive right and protection given to a government servant against such action. The power to take administrative action is a wide power with serious consequences; hence, the greater is the obligation upon the authorities to act with responsibility and upon due application of mind.
l.For that the dispensation of an inquiry can be resorted to only in a suitable case, and can be exercised only in the special facts of a case where such dispensation becomes absolutely necessary, since such dispensation takes away the right of defence of the Government servant.
m.For that the act of the disciplinary authority in dispensing with the inquiry does not disclose any application of mind. The recording of satisfaction upon proper application of mind should not merely appear to have been arrived at; the record must expressly depict the same.
n.For that respondent No. 2 never took up the Applicant's case diligently, despite the representations made by the Applicant to it on a regular basis for redressal of the Applicant's grievances, which ought to have been done.
o.For that respondent No. 2 has failed to adhere to the prescribed norms and the principles of natural justice, inasmuch as the penalty has been imposed upon the Applicant without affording the Applicant an opportunity to defend or explain the alleged charges framed by respondent No. 2.
6.Details of the remedies exhausted:
In accordance with the facts of the case, the Applicant declares that the Applicant has availed of all the remedies available under the relevant service rules and other applicable provisions, and that no other alternate efficacious remedy is available to the Applicant other than the filing of the present application.
7.Matters not previously filed or pending with any other Court:
That the Applicant further declares that no other application, writ petition or suit in respect of the matter relating to which the present application has been made is pending before any court, any other authority, or any other Bench of the Tribunal.
8.RELIEF
In view of the facts stated above, the Applicant most respectfully prays for the following relief(s):
a)Set aside / quash Order No. Details/Details./Details/Details/Details dated Details.Details.Details passed by the Details (Personnel Division), respondent No. 2, whereby the penalty was imposed upon the Applicant;
b)Issue an order or direction directing respondent No. 2 to pay Details.;
c)Pass such other or further order or orders as this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case.
It is, therefore, most respectfully prayed that this Hon'ble Tribunal may graciously be pleased to grant the reliefs set out above.
9.Interim order, if any, prayed for:
Pending final decision on the application, the Applicant seeks the following interim relief:
a)Stay the penalty of reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, which was imposed upon the Applicant vide Order No. Details/Details./Details/Details/Details dated Details.Details.Details passed by respondent No. 2;
10.Particulars of Bank Draft / Postal Order filed in respect of the Application Fee:
i.Name of the bank on which drawn: Details
ii.Demand draft no.: Details
or
i.Number of Indian postal order(s): Details
ii.Name of the issuing Post Office: Details
iii.Date of issue of postal order(s): Details
iv.Post Office at which payable: Details
11.LIST OF ENCLOSURES:
As per Index.
VERIFICATION:-
I, Details, aged about Details years, working as Junior Accountant at Details, Details, New Delhi, residing at Flat No. Details, Details, Delhi-Details, do hereby verify that the contents of the paras which are based on my personal knowledge are true to my knowledge, and that the paras which are based on legal advice are believed by me to be true; and that I have not suppressed any material fact.
APPLICANT/PETITIONER
Through
Place: New Delhi
Dated:
Details & ASSOCIATES
Through
Details
Advocate
Details, Details,
New Delhi-Details
Mob. No. Details
Email: Details
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL,
PRINCIPAL BENCH AT NEW DELHI
ORIGINAL APPLICATION NO. Details OF Details
IN THE MATTER OF :-
SMT. Details: APPLICANT
VERSUS
UNION OF INDIA & ANR.: RESPONDENTS
AFFIDAVIT
I, Details, Junior Accountant, aged about Details years, Details, Details, New Delhi-Details, do hereby solemnly affirm and declare as under:
1.That I am the Applicant in the above-noted case. I am well conversant with the facts and circumstances of the case and am, therefore, competent to swear this affidavit.
2.That the accompanying original application under section 19 of The Administrative Tribunals Act, 1985 has been drafted under my instructions. I have read and understood the contents of the accompanying original application, and the same have also been read over and explained to me in the vernacular. Based on the said reading and explanation, I state that the contents thereof are true and correct to the best of my knowledge and belief, and that nothing material has been concealed therein. The accompanying original application may be read as part and parcel of this affidavit, and its contents are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified at New Delhi on this the Details day of Details, Details, that the contents of the above affidavit are true and correct to the best of my knowledge and belief; no part thereof is false; and nothing material has been concealed therefrom.
DEPONENT