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 namePETITIONER/APPLICANT
VERSUS
Respondents' namesRESPONDENTS
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 thereof. | | |
| 3. | ANNEXURE A-1 — Copy of the penalty order dated Date of penalty order (day).Date of penalty order (month).Date of penalty order (year) passed by Respondent No. 2, whereby the penalty of reduction to a lower stage in the time scale of pay by one stage for a period of three years was imposed upon the Applicant. | | |
| 4. | ANNEXURE A-2 — Copy of Office Order No. Year of office order/Office order number dated Date of office order (day).Date of office order (month).Date of office order (year) issued by Respondent No. 2 granting approval to the order dated Date of approved order (day).Date of approved order (month).Date of approved order (year), whereby the penalty was imposed upon the Applicant. | | |
| 5. | ANNEXURE A-3 — Copy of the order dated Date of appeal dismissal order (day).Date of appeal dismissal order (month).Date of appeal dismissal order (year) passed by the Vigilance Division of Respondent No. 2, dismissing the appeal of the Applicant. | | |
| 6. | ANNEXURE A-4 — Copy of Office Order No. Office order number/Office order year dated Date of office order (day).Date of office order (month).Date of office order (year). | | |
| 7. | 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. | | |
| 8. | 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 (Department of Personnel & Training). | | |
| 9. | 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 instituting the inquiry against the Applicant. | | |
| 10. | ANNEXURE A-8 (Colly.) — Copies of the statement of defence dated Date of statement of defence (day).Date of statement of defence (month).Date of statement of defence (year) submitted by the Applicant to Respondent No. 2 in response to the Memorandum dated Date of memo (day).Date of memo (month).Date of memo (year), along with supporting documents. | | |
| 11. | 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. | | |
| 12. | ANNEXURE A-10 — Copy of the letter for inquiry issued against the Applicant under Rule 13 of the CCS (CCA) Rules. | | |
| 13. | ANNEXURE A-11 — Copy of the daily order sheet of the preliminary hearing held by the Inquiry Officer, dated Date of preliminary hearing daily order sheet (day).Date of preliminary hearing daily order sheet (day).Date of preliminary hearing daily order sheet (day). | | |
| 14. | 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. | | |
| 15. | ANNEXURE A-13 — Copy of 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) drawn by the Inquiry Officer of Respondent No. 2. | | |
| 16. | ANNEXURE A-14 — Copy of the daily order sheet dated Date of witness examination daily order sheet (day).Date of witness examination daily order sheet (day).Date of witness examination daily order sheet (day) drawn by the Inquiry Officer of Respondent No. 2, recording the examination and cross-examination of the witness. | | |
| 17. | ANNEXURE A-15 — Copy of the letter dated Date of hearing call letter (day).Date of hearing call letter (month).Date of hearing call letter (year) issued by the Inquiry Officer of Respondent No. 2, calling upon the Applicant to appear at the regular inquiry hearing. | | |
| 18. | 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 (day).Date of presenting officer's written brief (day). | | |
| 19. | ANNEXURE A-17 — Copy of 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) drawn by the Inquiry Officer of Respondent No. 2, recording the examination and cross-examination of the witness. | | |
| 20. | ANNEXURE A-18 — Copy of the letter dated Date of inquiry report cover letter (day).Date of inquiry report cover letter (month).Date of inquiry report cover letter (year) enclosing the inquiry report dated Date of inquiry report (day).Date of inquiry report (month).Date of inquiry report (year), submitted to the Disciplinary Authority. | | |
| 21. | ANNEXURE A-19 — Copy of the written brief submitted by the Charged Officer (Applicant), dated Date of applicant's written brief (day).Date of applicant's written brief (month).Date of applicant's written brief (year). | | |
| 22. | ANNEXURE A-20 — Copy of the letter dated Date of regularization request letter (day).Date of regularization request letter (month).Date of regularization request letter (year) addressed by the Applicant to Respondent No. 2, requesting regularization of leave and release of the salary withheld. | | |
| 23. | 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 Applicant's letter dated Date of applicant's letter (day).Date of applicant's letter (month).Date of applicant's letter (year). | | |
APPLICANT
Through
Place:
Dated:
Counsel's name & ASSOCIATES
Through
Second counsel's name
Advocate
Counsel's address line, Counsel's address line (continued),
New Delhi-PIN code
Mobile No.: 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
Applicant's address line
Applicant's address line (continued)
New Delhi-PIN code.….APPLICANT
VERSUS
1. UNION OF INDIA
Union of India address
New Delhi
2.Respondent no. 2's name
Respondent no. 2's address line
New Delhi-PIN code.
Through its Director….RESPONDENTS
Through
Place:
Dated:
Counsel's name & ASSOCIATES
Second counsel's name
Advocate
Counsel's address line, Counsel's address line (continued),
New Delhi-PIN code
Mobile No.: 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,
Department or office name
Applicant's office address line
Applicant's office address line (continued)….APPLICANT
VERSUS
1. UNION OF INDIA
Union of India address
New Delhi
2.Respondent no. 2's name
Respondent no. 2's address line
New Delhi-PIN code.
Through its Director….RESPONDENTS
APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985
MOST RESPECTFULLY SHOWETH:
1.Order No. Penalty order file number (part 1)/Penalty order file number (part 2)/Penalty order file number (part 3)/Penalty order file number (part 4)/Penalty order file number (part 5) dated Date of penalty order (day).Date of penalty order (month).Date of penalty order (year), passed by the Designation of penalty order issuing 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 approved the said order on Date of approved order (day).Date of approved order (month).Date of approved order (year) vide Office Order No. Office order number dated Date of office order (day).Date of office order (month).Date of office order (year), issued against the Applicant.
Order No. Appeal dismissal order file number (part 1)/Appeal dismissal order file number (part 1)/Appeal dismissal order file number (part 1)-Pt./X dated Date of appeal dismissal order (day).Date of appeal dismissal order (month).Date of appeal dismissal order (year), passed by the Vigilance Division of Respondent No. 2, dismissing the appeal filed by the Applicant against the order dated Date of original penalty order (day).Date of original penalty order (month).Date of original penalty order (year) passed by the Personnel Division of Respondent No. 2. A copy of the order dated Date of appeal dismissal order (day).Date of appeal dismissal order (month).Date of appeal dismissal 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 at Delhi. Hence, this Hon'ble Tribunal has jurisdiction to try and entertain the present application.
3.Limitation:
That the present application is filed 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 writ jurisdiction of this Hon'ble Tribunal.
ii.That the Petitioner joined Name of organisation joined on Date of joining (day).Date of joining (month).Date of joining (year) as a Junior Accountant. Her initial posting was in the DDO (Cash) Section of the organisation; however, within a month of her posting, the then Officer In-charge appointed her as Cashier, Section or unit of cashier posting, and the Petitioner handled the responsibility of dealing with the entire cash, its disbursement, and the bank-related responsibilities associated therewith. The keys of the chest in which 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 hold charge in Organisation name, and this was achieved within one month of the Applicant joining Organisation name. The Petitioner discharged her duties with utmost sincerity and devotion until she proceeded on maternity leave in Month/year of maternity leave for Maternity leave period. Upon returning from maternity leave, the Petitioner was posted to the Integrated Finance Unit of Organisation or division name and was assigned the responsibilities of budget formulation, Grant-in-aid handling, and distribution of grants to Name of grantee centres Centres worldwide; for most of these duties, she reported directly to the Director (Finance). The Petitioner was the only woman employee posted in the Budget & Finance Wing of the Division. During her posting in the Finance wing name Finance, the Petitioner was given two additional responsibilities, as detailed below:
Stationery In-charge of the Finance wing name Finance Wing — The Petitioner was assigned the responsibility of Stationery In-charge, and again this was the first time a woman employee was given this charge. The charge was transferred to her after Number of years previous in-charge held charge years of it being handled by the same person posted in the unit, pursuant to the orders of Executive Finance, in preference to other senior male officials of similar rank. This itself speaks of the capabilities, strengths, work-handling and other qualities of 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 the responsibilities she was already discharging. This itself speaks of the qualities and capabilities of the Petitioner and the manner in which she handled her assigned responsibilities. However, after the present case, the Petitioner rejoined the Finance Unit, but upon issuance of the charge-sheet she was transferred to First transfer posting location, and after about Number of months before second transfer months she was again transferred from First transfer location to the Second transfer division name Division. This was done to humiliate the Applicant repeatedly, conveying that, having been charge-sheeted, she could not be treated as a normal employee. The present case and the penalty proceedings have cast a question mark upon the entire image, reputation and career of the Applicant, and that too merely for not attending office due to circumstances which were at all times duly apprised to the reporting officer. No complaint regarding her work was ever raised, no ill-mannered behaviour was ever noticed, and no lapse in the performance of her assigned responsibilities was ever reported against the Applicant. The Annual Performance Appraisal Reports of the Applicant speak for themselves. Her mere absence, occasioned by the circumstances repeatedly explained during the critical period of the COVID-19 pandemic, was manipulated to harass the Applicant in order to satisfy the egoistic mentality of those seeking to suppress 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 to her, does not deserve to be treated in this manner, in derogation of basic human dignity and the principles of natural justice, considering her entire length of service and the career that lies ahead of her.
iii.That in March 2020, a nationwide lockdown was announced owing to the COVID-19 pandemic, during which all Government and private offices, transport services, etc., were shut down. The area in which the Applicant resides was amongst the worst affected and remained completely sealed for about a month, and even after de-sealing, the preventive measures continued to be enforced by the authorities in her area. Notwithstanding this, cases were being reported on a regular basis, and in those days most reported cases were asymptomatic, whereby it became difficult to trace the symptoms, and sudden deaths were also being reported. Moreover, a case of infection was reported in her locality a few days prior, thereby increasing the risk factor for the residents of her area. Having apprised Respondent No. 2 of the entire situation, the Applicant requested that she be spared from attending office and permitted to work from home. The Applicant resides with her minor son aged about Age of applicant's minor son years and her mother aged about Age of applicant's mother years, and she is the sole support for both of them, who depend upon the Applicant for the majority of their routine requirements. Earlier, a domestic help was engaged to look after the child after his return from school, but in the circumstances of COVID-19 they are fully dependent upon the Applicant. In fact, the Applicant's mother suffered a back injury, as a result of which she remained bed-ridden, and all forms of domestic work and activity are prohibited for her. In such a situation, were the Applicant to be infected at any stage, both of them would be put at risk, and even their basic survival would become difficult. Further, it is a well-known fact that both these age groups are the most vulnerable, and they are consistently found to be at higher risk than the general public; the Government has, indeed, issued strict guidelines for both these age groups. Further, the schools remained closed, but online classes were being conducted on a daily basis, with assignments and home-work being given, for which there is no one to support the child in the Applicant's absence, and his studies would thereby suffer.
iv.It is pertinent to mention here that, in terms of Office Order No. First office order number (part 1)/First office order number (part 2) dated First office order date (day).First office order date (month).First office order date (year) and Office Order No. Second office order number (part 1)/Second office order number (part 2) dated Second office order date (day).Second office order date (month).Second office order date (year) (both enclosed for ready reference), attendance during the period from Attendance restriction period start (day).Attendance restriction period start (month).Attendance restriction period start (year) up to Attendance restriction period end (day).Attendance restriction period end (month).Attendance restriction period end (year) was restricted to Attendance percentage%, and the divisional heads were directed to draw up rosters of duty. However, no roster was ever framed or communicated to the applicant at any stage.
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); however, owing to the non-availability of any transport facility, the applicant was unable to attend office, and the position was duly intimated to the Director (Finance) of respondent no. 2, which he has confirmed.
vi.That the applicant was requested on Second requested attendance intimation date (day).Second requested attendance intimation date (day).Second requested attendance intimation date (day) to attend the office on the following day, i.e., Second requested attendance date (day).Second requested attendance date (month).Second requested attendance date (year); however, the area in which 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, which is verifiable from the statements of urgent work updated till Statement of urgent work updated till (day).Statement of urgent work updated till (month).Statement of urgent work updated till (year). It is further submitted 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 had been declared a containment zone and, in accordance with the orders in force, no movement was permitted therein. The position was also intimated to the Director (Finance) of respondent no. 2.
viii.That the applicant was also unable to attend office on Fourth non-attendance date (day).Fourth non-attendance date (month).Fourth non-attendance date (year), as the area continued to remain under containment.
ix.That the applicant was required only to compile the information which she was handling, all statements of a crucial nature handled by the applicant having already been completed prior to her proceeding on leave.
x.That the principal statements which were required urgently had been completed by the applicant in all respects prior to her proceeding on leave, and no further updations were made therein till date, which fact has also been confirmed by the Reporting Officer.
xi.That the applicant also worked from home from Date of working from home start (day).Date of working from home start (month).Date of working from home start (year) onwards, extending all necessary support, including the identification and forwarding of documents from the backup email account whenever required and the updating of the requisite statements whenever called upon to do so.
xii.That the applicant clearly apprised the Reporting Officer of the prevailing situation through a WhatsApp message dated Date of WhatsApp message to reporting officer (day).Date of WhatsApp message to reporting officer (day).Date of WhatsApp message to reporting officer (day), requesting 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; furthermore, in terms of 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 upon which the applicant apprised the Reporting Officer of the prevailing situation, he agreed to and permitted the applicant to be spared from attending office. However, it transpires 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 Date of email forwarded to personnel division (day).Date of email forwarded to personnel division (day).Date of email forwarded to personnel division (day) by the Director (Finance) of respondent no. 2, wherein a distorted picture of the facts was presented.
xiv.That no written intimation or directions were given by the Reporting Officer himself, despite occupying a supervisory role vis-à-vis the applicant; the matter was forwarded directly to the Personnel Division, which indicates a deliberate 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, the household and official work simultaneously owing to the illness of her mother and the examinations of her child, the applicant submitted an application for 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) by 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 second leave application (day).Date of second leave application (month).Date of second leave application (year), finds no mention in the imputations, thereby suppressing facts and indicating a premeditated and planned response communicated to the applicant on Date of respondent's reply to applicant (day).Date of respondent's reply to applicant (month).Date of respondent's reply to applicant (year), despite the applicant having been fully apprised in her application dated Date of leave application (day).Date of leave application (month).Date of leave application (year) of the circumstances prevailing 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 very next day, i.e., Date of resume-duty email (day).Date of resume-duty email (month).Date of resume-duty email (year), directing the applicant to resume duties immediately. However, owing to the prevailing situation at home, namely the illness of her mother and the examinations of her child, the applicant was not in a position to join office; she requested the Reporting Officer to consider grant of CCL on Date of CCL request (day).Date of CCL request (month).Date of CCL request (year), but, keeping in view the needs of the office, the applicant once again curtailed her leave from Curtailed leave start date (day).Curtailed leave start date (month).Curtailed leave start date (year) to Curtailed leave end date (day).Curtailed leave end date (month).Curtailed leave end date (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 very next day, i.e., Date of WhatsApp forwarding of letter (day).Date of WhatsApp forwarding of letter (month).Date of WhatsApp forwarding of letter (year), Name of AD (Personnel), AD (Pers.), forwarded through WhatsApp 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), 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) until date. The said letter was issued by the Personnel Division on Date letter issued by personnel division (day).Date letter issued by personnel division (day).Date letter issued by personnel division (day), but it was forwarded to the applicant only on Date letter forwarded to applicant (day).Date letter forwarded to applicant (month).Date letter forwarded to applicant (year), although a copy of the same had been endorsed to the reporting officer well in advance.
xix.That upon receipt of the letter from the Personnel Division, the applicant was in a state of uncertainty and attempted to seek the advice and guidance of the reporting officer, as the applicant had always kept the reporting officer apprised of the situation from time to time before submitting any reply or response to the Personnel Division. The silence of the said officer amounted to an intentional aggravation of the matter, thereby creating pressure upon the applicant.
xx.That the reporting officer failed to empathise with his employee, which conduct is clearly arbitrary and unjustified, and 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 office were intimated to the Personnel Division vide email dated Date of email intimating hardships (day).Date of email intimating hardships (month).Date of email intimating hardships (year). Since the decision on the request for grant of CCL 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 email to personnel division (day).Date of email to personnel division (month).Date of email to personnel division (year), a copy whereof was endorsed to the ED (Finance) and the 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 to join duties was received by the applicant, either from the reporting officer or from the Personnel Division, thereby creating an impression that the request of the applicant was under consideration. A copy of a letter was forwarded by the AD (Pers.) through WhatsApp on Date of WhatsApp forwarding of salary-stop letter (day).Date of WhatsApp forwarding of salary-stop letter (day).Date of WhatsApp forwarding of salary-stop letter (day), 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 call to Director (Pers.) (day).Date of call to Director (Pers.) (month).Date of call to Director (Pers.) (year), and the said officer directed the applicant to brief him on the current situation, which was duly done through an email dated Date of briefing email (day).Date of briefing email (month).Date of briefing email (year). Even thereafter, no direction to join duties was received by the applicant, either from the reporting officer or from the Personnel Division.
xxiv.That the applicant never sought to avail 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 explaining home situation (day).Date of email explaining home situation (day).Date of email explaining home situation (day).
xxv.That the applicant sought leave in the light of the power of the Competent Authority to relax the provisions of the rules in individual cases where it appears just and equitable to do so. However, the applicant never claimed the leave as a matter of right, and consistently left the final decision in the hands of the Competent Authority, as clearly stated in the email dated Date of email citing competent authority (day).Date of email citing competent authority (day).Date of email citing competent authority (day).
xxvi.That no directions of the Competent Authority — neither from the reporting officer nor from the Personnel Division — were received by the applicant to join duties. The applicant, after the child's examination and upon the expiry of the CCL, applied through email and joined office on Date of joining office (day).Date of joining office (month).Date of joining office (year) (First intervening joining date (day).First intervening joining date (month).First intervening joining date (year) and Details.Details.Details), being Saturday and Sunday.
xxvii.That the matter remained pending for consideration before the Personnel Division and no directions were received thereon. Further, CCL for the period Details.Details.Details to Details.Details.Details had already been granted through email.
xxviii.From the above facts, it is evident that the applicant could not attend office from Details.Details.Details to Details.Details.Details owing to the nationwide lockdown, and the fact that the area where the applicant resides was declared a containment zone from Details.Details.Details to Details.Details.Details (the actual sealing having been lifted on Details.Details.Details), and the reporting officer was kept apprised of the situation. The reasons for not attending office during the aforesaid period were beyond the control of the applicant; the reporting officer was duly apprised of the facts; and the applicant also worked from home, as confirmed by the Director (Finance) of respondent no. 2. Therefore, the charge of insubordination, indiscipline and unauthorised absence cannot be imposed.
xxix.That for the period thereafter until Details.Details.Details, the response of the Director (Finance) of respondent no. 2 sparing the applicant from attending office was always in the affirmative, as can be confirmed from the WhatsApp conversation 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 grant of CCL had already been submitted, but 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 directions of the Competent Authority, which were not communicated to the applicant. Hence, the imputations of indiscipline, insubordination and unauthorised absence are false and misleading.
Details.That the reporting officer, despite being fully aware of the situation and of the applicant's plea for grant of CCL up to Details.Details.Details, presented a one-sided picture to the ED (Finance) without any mention thereof in his remarks, merely one day prior to the expiry of the applicant's 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.
Details.From the above facts — namely, the affirmative response given every time by the Director (Finance) of respondent no. 2 on WhatsApp to the applicant working from home; the non-preparation of any roster until 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 employee's physical presence; 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 Details.Details.Details, forwarded on Details.Details.Details, after the applicant's application for CCL; 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 only half the facts to the superiors merely one 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.
Details. The charge of violation of Rule 3(1)(ii), namely, maintaining deviation from duty, has also been imposed. As per DoPT's letter no. DoPT letter number dated DoPT letter date, 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 is being falsely implicated, and the same is therefore liable to be quashed / set aside.
Details. It is submitted that human resources constitute perhaps the most valuable asset of any organisation, and the object of the human resource department is to understand the needs of the employees and to encourage them to work towards the achievement of organisational goals, instead of framing incorrect charges against them and demoralising them. The stoppage of salary during this critical period for the past two months has led the applicant to believe the well-recognised maxim that it is tyranny of the petty-minded when laws are implemented bereft of human compassion.
Details. That the charges were framed against the applicant by the charged officer on Date on which charges were framed by the charged officer, alleging that the applicant was on long unauthorized absence and did not join office from Date from which the applicant was alleged to be absent to Date up to which the applicant was alleged to be absent, despite clear and repeated instructions from her reporting officer, which amounted to insubordination, indiscipline and unauthorized absence, and that by this act the applicant violated Rules 3(1)(i), (ii) & (iii) of the CCS (Conduct) Rules, 1964. The said action was unjustifiable, 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 penalty is arbitrary and in violation of the principles of natural justice. The disciplinary authority is obliged to comply with the said provisions in their true spirit. The holding of an inquiry is not a mere formality but a substantive right and protection conferred upon 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 granting any relief to the applicant, whether in respect of her service or otherwise, the applicant is preferring the present application, inter alia, on the following grounds:
5.GROUNDS
a.For that the imposition of 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 during which the applicant served the Government.
c.For that the applicant could not attend office from Date from which the applicant was alleged to be absent to Date up to which the applicant was alleged to be absent owing to the nationwide lockdown and the fact that the area where the applicant resides was declared a containment zone from Date from which the applicant's area was declared a containment zone to Date up to which the applicant's area was a containment zone (the actual sealing having been opened on Date on which the sealing of the area was actually opened), and the reporting officer was also apprised of the situation. The reasons for not attending office during the aforesaid period 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 thereafter up to Date up to which the Director (Finance) permitted remote working, the response of the Director (Finance) of respondent no. 2 to sparing the applicant to attend 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 Date from which the applicant was alleged to be absent to Date up to which the applicant was alleged to be absent, an application for grant of 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 the Competent Authority, Date of second email seeking directions of the Competent Authority and Date of third email seeking directions of the Competent Authority, the applicant repeatedly sought the directions of the Competent Authority, which were not communicated to her. Hence, the imputations of indiscipline, insubordination or unauthorized absence are deceitful.
f.For that the reporting officer, despite knowing the situation and the plea of the applicant for grant of CCL up to Date up to which grant of CCL was requested, presented a one-sided picture to ED (Finance) without any mention of the same in his remarks, just 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 to the applicant working from home, the non-preparation of any roster till Date up to which no duty roster had been prepared despite constant guidelines issued for assigning duties as per roster depending upon the exigency of work and the requirement of 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 Number of the Personnel Division's letter on Date of the Personnel Division's letter, after the applicant's application for CCL, the non-issuance of any direction to join even after the email dated Date of first email seeking directions of the Competent Authority, 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 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), namely, maintaining deviation from duty, has also been imposed. As per DoPT's letter no. DoPT letter number dated DoPT letter date, 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 is being falsely implicated, and the same is therefore liable to be quashed / set aside.
i.For that human resources constitute perhaps the most valuable asset of any organisation, and the object of the human resource department is to understand the needs of the employees and to encourage them to work towards the achievement of organisational goals, instead of framing incorrect charges against them and demoralising them. The stoppage of salary during this critical period for the past two months has led the applicant to believe the well-recognised maxim that it is tyranny of the petty-minded when laws are implemented bereft of human compassion.
j.For that the charges were framed against the applicant by the charged officer on Date on which charges were framed by the charged officer, alleging that the applicant was on long unauthorized absence and did not join office from Date from which the applicant was alleged to be absent to Date up to which the applicant was alleged to be absent, despite clear and repeated instructions from her reporting officer, which amounted to insubordination, indiscipline and unauthorized absence, and that by this act the applicant violated Rules 3(1)(i), (ii) & (iii) of the CCS (Conduct) Rules, 1964. The said action was unjustifiable, unreasonable, arbitrary and without application of mind.
k.For that the disciplinary authority cannot dispense with the holding of a departmental inquiry arbitrarily or on the basis of any ulterior motive. The order imposing the penalty is arbitrary and in violation of the principles of natural justice. The disciplinary authority is bound to comply with the statutory provisions in their true spirit; the right to an inquiry is not a mere formality but a substantive right and a protection conferred upon a government servant against such action. The power to take administrative action is a wide power carrying serious consequences, and consequently a greater obligation rests upon the authorities to act responsibly and upon due application of mind.
l.For that dispensation with the holding of an inquiry can be resorted to only in a suitable case, and the power 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 satisfaction arrived at upon proper application of mind must not merely appear to have been reached; the record must in fact depict the same.
n.For that respondent no. 2 never diligently took up the case of the Applicant despite the representations made by the Applicant to it on a regular basis for redressal of his 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 Applicant has been imposed with a penalty without being given an opportunity to defend or explain the alleged charges.
6.Details of the remedies exhausted:
That, as per the facts of the case, the Applicant declares that he has availed of all the remedies available to him under the relevant service rules, etc., and that there is no other alternate efficacious remedy available to the Applicant except 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 for 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;
b)Issue an order or direction directing respondent no. 2 to pay Details;
c)Pass such other and further order or orders as this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case.
9.Interim order, if any, prayed for:
That, pending final decision on the application, the Applicant seeks the following interim relief:
a)Stay of the penalty of reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, 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 Designation of the Applicant in Details, Details, New Delhi, resident of Flat No. Details, Details, Delhi-Details, do hereby verify that the contents of the above paragraphs are true to my personal knowledge, that the contents of the paragraphs are believed to be true on legal advice, 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:
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, Designation of the Applicant, 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 facts stated in the accompanying original application under Section 19 of the Administrative Tribunals Act, 1985 have been drafted under my instructions. I have read and understood the contents of the accompanying original application, the same have also been read over and explained to me in the vernacular, and based upon the said reading and explanation I state that its contents are true and correct to the best of my knowledge and that nothing material has been concealed therein. The same may be read as part and parcel of this Affidavit and 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; no part thereof is false; and nothing material has been concealed therefrom.
DEPONENT