The Disciplinary Authority has the authority to initiate regular departmental proceedings for serious misconduct, even after an inquiry under the Sexual Harassment Act, and a petitioner cannot challenge the initiation of departmental proceedings before the conclusion of the inquiry.

JUDGMENT

Rakesh Kumar, J. - The petitioner, who is a Station Superintendent (Group 'C'), South Central Railway, Vijayawada Division, Ramachandrapuram Railway Station, East Godavari, has succeeded in stalling the departmental proceeding at the stage of issuance of Memorandum of Charge for such a long time.

2. By communication, dated 12.02.2019, a Memorandum of Charge Sheet was issued to the petitioner under Rule 9 of Railway Servants (Discipline & Appeal) Rules, 1968 (hereinafter referred to as 'Rules'). As per the Memorandum of Charge, he had committed serious misconduct by way of placing charger plug like device embedded with camera and memory card secretly in the old ticket book room (where the staff used to change uniforms & taking lunch) and recorded the dress changing videos of a woman employee, which was noticed by the victim employee and resulted in a complaint against the petitioner for sexual harassment at work place.

3. Immediately after issuance of charge memo, the petitioner filed an application; vide O.A.No.20/00267/2019, before the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (hereinafter, referred to as "CAT"). The application before the CAT was filed with a prayer to call for the records pertaining to Memorandum No.BZA/Optg/Non-Vig/SF-5/04/2019, dated 12.02.2019 (i.e., Memorandum of Charge) and prayed for setting aside the said proceeding. The learned CAT, by its order, dated 20.03.2019, did not interfere in the matter and dismissed the same primarily on the ground of not availing alternative remedy. The CAT further observed that the applicant (writ petitioner herein) can approach the Tribunal, if aggrieved by the order to be passed by the appellate or revisional authorities. For better appreciation, the operative portion of the order, dated 20.03.2019, passed by CAT is quoted herein below:

"We have gone through the submissions made on either side. In the first place, we are of the view that conducting fresh inquiry on the report of the ICC in the event of not following the prescribed procedure is not irregular or illegal. In the instant case, no final order has been passed pursuant to the report submitted by ICC. All the questions which the applicant urged before the Tribunal in the present OA, can be raised before appellate authority by filing appeal. Therefore, we do not think that any exceptional or extraordinary circumstances exist to entertain OA without exhausting alternative remedy. Hence the OA is dismissed at the stage of admission for not availing alternative remedy as laid down in Section 20 of the Administrative Tribunals Act, 1985. Applicant, however, can approach the Tribunal if he is aggrieved by the order to be passed by the appellate or revisional authorities. There shall be no order as to costs."

4. Before proceeding further, it is apt to reproduce the Memorandum of Charge, dated 12.02.2019, with statement of imputations of misconduct or misbehavior in support of article of charge memo against the petitioner.