P.Sathasivam, J.: Aggrieved by the order of the Central Administrative Tribunal, Madras Bench, made in O.A.No.40 of 2001, dated 11.9.2001, quashing the order of compulsory retirement and reinstating the applicant in service with all consequential benefits, Additional Director General and Senior Manager of Heavy Vehicles Factory, Avadi, Chennai 600054, have filed the above writ petition.

2. The brief facts which are required for disposal of the writ petition are stated hereunder:

The second respondent herein, viz., M.Annamalai, was working as Medical assistant, Heavy Vehicles Factory (in short “HVF”), Avadi, Chennai 600 054. A report dated

16.12.1996 was received from Principal Medical Officer (in short “PMO”), HVF Hospital along with the complaint of one Mumtaj Begum, female attendant to an in-patient in male medical ward regarding alleged misbehaviour by M.Annamalai, Medical assistant. In her complaint, Mumtaj Begum has stated that on 13.12.1996 night at about 9.00 p.m. M.Annamalai, Medical Attendant called her to the sisters’ duty room for collecting tablets for the patient. When she went there, instead of giving tablets, he told her that he had developed some fascination for her and asked her whether she is willing to fulfill his desire. She objected to his request and warned that he should not behave with her in such a manner. Then, the said Annamalai offered her a 50 rupee note and also assured her that he would give her more if she require. She went off from there and lied down next to the patient on the cot. At about 1.00 a.m., she felt her saree moving up her legs. She woke up alarmed and found that Annamalai was standing near the cot, pushing her saree. She shouted at him and asked him to get out. There was one more patient in the room, viz., Krishnan and his attendant Andal. Mumtaj Begum did not report the matter to the duty sister or duty Medical Officer, because of fear and shame. The next day, i.e., on 14.12.1996, she disclosed the matter to her family members and later they informed the Duty sister of the male medical ward, who in turn informed the Medical Officer on duty.

3. Based on the report of PMO, HVF Hospital, as per the complaint received from Mumtaj Begum, M. Annamalai was placed under suspension with effect from 20.12.1996 and was subsequently charge sheeted under Rule 14 of Central Civil Service (Classification Control and Appeal) Rules, 1965, for committing offence of misconduct, viz.,alleged misbehaviour with female attendant of an in-patient, attempt to outrage the modesty to Mumtaj Begum, and conduct unbecoming of a Government servant as per Rule 3(1)(iii) of CCS (Conduct Rules), 1964.

4. The said Annamalai denied the charges in his reply dated 13.3.1997; a Court of Enquiry was ordered on 7.4.1997, to enquire into the charges framed against him.The enquiry officer, after conducting the enquiry in accordance with the Rules, submitted his proceedings. The enquiry officer concluded that the charges framed against him were established. A copy of the enquiry report was forwarded to Annamalai on 17.12.1997, directing him to make any representation. Thereafter, he submitted a representation.The Disciplinary Authority-General Manager, HVF, after examining the reply and in the light of the documentary evidences available on record, concurred with the findings of the enquiry officer and held M.Annamalai guilty of the charges framed against him. Since the charges were of a serious nature of sexual harassment involving the moral turpitude of the employee, disciplinary authority, imposed the penalty of “dismissal from service” w.e.f. 3.3.1998.

5. Aggrieved by the order of dismissal, the said Annamalai submitted an appeal dated 19.3.1998 to the appellate authority, viz., the Additional Director General (AV HQ). The appellate authority, after considering the appeal with reference to the relevant records, dismissed his appeal. Meanwhile, Mumtaj Begum filed a criminal complaint against Annamalai. By order Judicial

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