ORDER :

Both these appeals being directed against the judgment and order dated 20th June, 2007 passed by the High Court of Judicature at Madras in Writ Petition No. 29024 of 2003 were heard together and are being disposed of by this common order.

2. Civil Appeal No. 1958 of 2009 has been filed by the Registrar General, High Court of Judicature at Madras whereas Civil Appeal No.1964 of 2009 has been filed by the complainant - G. Pushkala challenging the aforesaid order of the High Court by which the punishment of Compulsory Retirement imposed on the respondent-K. Muthukumarasamy has been interfered with and the said respondent has been exonerated of the charges leveled against him.

3. We have heard Mr. Anand Grover, learned Senior Counsel appearing for the appellant in Civil Appeal No.1964 of 2009; Dr. Rajeev B. Masodkar, learned counsel appearing for the appellant in Civil Appeal No.1958 of 2009; and Mr. Arjun Singh Bhati, learned counsel appearing for the respondent - K. Muthukumarasamy.

4. By memo dated 5th June, 2000, following two charges were brought against the respondent/delinquent.

"Charge No. 1.

That you, Thiru. K. Muthukumarasamy, Deputy Registrar, now on deputation as Deputy Registrar, Tribunal under Criminal Law Amendment Act, Chennai, had behaved in an improper manner with Tmt. G. Pushkala, P.A. to Hon'ble Judges, while she was working as P.A. on deputation in the said Tribunal by issuing two slips to her containing the following words:

'...... I want to kiss on cheeks, chin and lips....'

and this amounts to a demand or request for sexual favours and sexual harassment at the place of work and thereby you outraged her modesty and caused mental torture and agony to her and thus committed the acts of misconduct and conduct unbecoming of a Government Servant for which you are liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

Charge No. 2:

That you, Thiru. K. Muthukumarasamy, Deputy Registrar, now on deputation as Deputy Registrar, Tribunal under Criminal Law Amendment Act, Chennai, while Tmt. G. Pushkala, P.A. to Hon'ble Judges, was working as P.A. on deputation in the said Tribunal, called her house in the midnights and caused mental torture and agony to her and that even after her transfer from the said Tribunal, you had harassed her again and again by words and deeds, thereby outraged her modesty and caused mental torture and agony to her and thus committed the acts of misconduct unbecoming of a Government Servant for which you are liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules."

5. The respondent/delinquent-K. Muthukumarasamy denied the charges leveled against him and submitted his written statement which led to the holding of a disciplinary proceeding against him. In the course of the said proceeding, six witnesses were examined in support of the charges leveled and a large number of documents were also exhibited. The respondent - K. Muthukumarasamy i.e. the delinquent also examined one witness and exhibited certain documents in support of his case. The defence, it may be noticed at this stage, was to the effect that the two slips of paper which were claimed to have been handed over to the complainant by the delinquent (Exhibits P-2 and P-3) were actually part of his preparation/collection of materials for a dissertation which the delinquent was preparing in connection with his Master of Laws examination. According to the delinquent, the aforesaid slips were missing from his drawer and despite searching for the same he could not locate the said slips. The further defence of the delinquent was that the complainant had borrowed a sum of Rs.10,000/- from his wife and it is to avoid the said loan that the false story of sexual harassment on the basis of the slips of paper marked as Exhibit P-2 and P-3 were introduced by her. Referring to the second charge, it is the defence of the delinquent that he had made phone calls to the complainant in connect