Order of compulsory retirement quashed.

Dharma Rao Elipe, J.

While the Complainant in the domestic enquiry, which was initiated on her complaint, has filed W.P.No.10157 of 2000 seeking a Writ of Declaration, the delinquent Officer who was inflicted with the order of compulsory retirement has filed W.P.No.29024 of 2003 challenging the said punishment. Since both the matters are inextricably connected with each other, they were heard together for better appreciation of the facts of the case and this common order is passed.

2. On the basis of the complaint dated 12. 2000 given by the petitioner in W.P.No.10157 of 2000 (hereinafter referred to as the complainant) against the petitioner in W.P.No.29024 of 2003 (hereinafter referred to as the delinquent officer), alleging sexual harassment and indecent behaviour at the place of work, disciplinary proceedings were initiated against the delinquent officer in which he was found guilty and the punishment of compulsory retirement from service was imposed on him.

3. The complaint against the delinquent-officer, in the words of the complainant, is as follows:

"My Lord, with regret, I would like to submit that soon after days of my deputation to the Advisory Board, Mr. K. Muthukumarasamy started behaving with me in an improper manner by using intolerable words. He used to blabber so many things including saying that his wife is a permanent patient and that he is not leading a happy married life and so on. Since then, I have been avoiding him and he used to get annoyed for that. Later this became a nuisance and he started going to the extent of writing his expressions in bits of papers and giving it to me. Though, I use to destroy them then and there, I have some in hand. He even started calling my house in the midnights which I used to avoid saying one reason or the other.

... ... ...

Now, though I have been transferred from the said Tribunal (CLAA) recently, he is continuing his harassment one way or the other. Even now instead of feeling remorse, he harasses me again and again by words and deeds."

4. A show cause notice was issued to the delinquent-officer calling upon him to submit his explanation. Since the explanation offered by the delinquent-officer was found to be not satisfactory, the following charges were framed against him and a departmental enquiry was initiated against him:

1. That you, Thiru 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 Honble 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" TAMIL 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 unbecoming of a Government Servant for which you are liable to be punished under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

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 Honble 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."

7. In the enquiry proceedings, the complainant examined herself as P.W.1 and also examined five other persons, which included her husband, her colleague and other court-staff. She also produced eig