JUDGMENT :

A.K. Goswami, J.

1. The challenge in this writ petition is to the judgment and order dated 03.07.2015, passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench, in an Original Application, being O.A. 181/2013, dismissing the Original Application filed by the petitioner.

2. The petitioner retired on 31.03.2013 as Deputy Inspector General (DIG), Frontier Headquarters, Sashastra Seema Bal (SSB). During the pendency of the writ petition, an order dated 05.01.2016 was passed imposing penalty of withholding of 50% of monthly pension of the petitioner on permanent basis. The penalty so imposed had its roots on a complaint dated 30.08.2011 of sexual harassment made by one Smti. Sunita Singha, Field Assistant (Lady) while the petitioner was serving as Area Organizer, SSB, Rangia. The writ petition was accordingly amended and the said order of penalty was also impugned. Relief is also sought for with regard to the prayers made before the CAT. The petitioner had prayed before the CAT for setting aside and quashing the following:

(i) FAX message dated 03.09.2012 and the constitution of the Central Legal Complaint Committee under the Chairperson of Smti. B. Radhika, IPS;

(ii) Memorandum dated 10.12.2012 and cancellation of the enquiry report of the Frontier Level Complaint Committee, and

(iii) the enquiry report dated 28.12.2012 of the Central Complaint Committee.

3. By the FAX message dated 03.09.2012, the petitioner was directed to be intimated to keep himself available before the Central Legal Complaints Committee of which one Smt. B. Radhika, Joint Director, CCTNS-II, had been nominated as Chairman by the Ministry of Home Affairs for conducting enquiry against the petitioner in respect of complaint made by Smt. Sunita Singha and also indicating the names of the other Board Members, who were from SSB. By a Memorandum dated 10.12.2012, it was conveyed that the enquiry report dated 17.01.2012 submitted by Dr. K. S. Devi, Chairperson of the Complaints Committee on the complaint of Smti. Sunita Singha had been cancelled by the competent authority on the ground that as per the Standard Operating Procedure on sexual harassment, while the Chairperson of the enquiry committee was required to be one rank above the Government employee against whom the complaint is made, the Chairperson and the petitioner were of the same status.

4. While dismissing the Original Application, the respondents were directed to complete the departmental proceeding within four months from the date of receipt of the order keeping in view the observations made therein. When the writ petition was moved on 22.01.2016, an interim order was passed staying further proceedings pursuant to the order dated 03.07.2015 passed by the CAT in O.A. No. 181/2013. However, as noticed above, an order imposing penalty had already been passed on 05.01.2016.

5. In the Original Application filed before the CAT, the case of the petitioner is, in short, as follows:

(a) The petitioner was serving as Area Organizer, i.e., Local Head of Office, in the Area Office, Rangiya, Assam, from September, 2006 to May, 2012. Smti. Sunita Singha was also serving as Field Assistant (Lady) in the same office since March, 2009. In the month of August, 2011, Smti. Sunita Singha applied for transfer from Rangiya to Frontier Headquarters, Guwahati, for facilitating medical treatment of her mentally challenged mother-in-law. Her application for transfer was turned down by the Inspector General, Frontier Headquarters, on 24.08.2011 on the ground of non- availability of vacant post of Field Assistant (Lady). Smti. Sunita Singha harboured a misconception that the petitioner had a hand in the rejection of her transfer application as a result of which she became hostile to the petitioner. On that very day, i.e., 24.08.2011, the petitioner had suffered a mild heart attack and was shifted to hospital and while in the hospital, he received a message on 25.08.2011 on his official as well as personal mobi