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2019 Supreme(Mad) 3436
IN THE HIGH COURT OF MADRAS
V.M. Velumani, J.
Babitha - Appellant
Versus
The Commandant, Central Industrial Security Force and Ors. - Respondent
W.P. No. 32163 of 2012
Decided On : 26-08-2019
For the Appellant : N.G.R. Prasad for Row & Reddy
For the Respondent: T.L. Thirumalaisamy, Central Govt. Standing Counsel
Headnote:
Maternity Benefit Act - Section 12 - Central Industrial Security Force - Domestic enquiry - Dismissal during absence or pregnancy - Petitioner joined Central Industrial Security Force - Petitioner was transferred from 1st respondent unit to RTC and higher officials insisted said Vedpal Boora, Inspector to withdraw statement. When he refused to with statement, charges were framed against him and he was ultimately dismissed from service - A domestic enquiry was conducted against petitioner and due to ill-health and frequent miscarriages, petitioner could not attend enquiry. Petitioner was set ex parte in domestic enquiry and she was removed from services - Held, respondents could have kept transfer of petitioner in abeyance or could have transferred to Delhi relaxing posting policy that she did not complete her out of home zone tenure and posted her to nearest place where her husband is working, taking into consideration ill health of petitioner - It is clear that petitioner delivered a male child two days after date of order dismissing her from service. Vital materials were not properly appreciated by respondents while setting aside petitioner ex parte in domestic enquiry and dismissing her from service - First respondent did not conduct domestic enquiry in a fair and proper manner and has not followed principles of natural justice and did not give proper opportunity to petitioner to defend herself in domestic enquiry. Further first respondent did not have jurisdiction after relieving petitioner and the petitioner is entitled to protection as per Section 12 of Maternity Benefit Act - writ petition is allowed
ORDER :
V.M. Velumani, J.
1. This writ petition is filed for issue of a Writ of Certiorarified Mandamus, calling for the records relating to the order of removal bearing ref. No. V-15014/DAE CK) Maj. 03/BB-Disc/201-4997 dt. 05.11.2011 issued by the 1st respondent as confirmed by te 2nd respondent, Appellate Authority by his order No. V-11014/A-01/2011/L&R/DAE/641 dt. 28.1.2012 read with order of the 3rd respondent bearing No. 15012/12-5037 dt. 4.6.2012 rejecting the petitioner's revision, filed and marked as Exhibits A, B & C respectively and quash the same.
2. The petitioner joined the Central Industrial Security Force (CISF) on 27.09.2007 at Barwaha, Madhya Pradesh. After completion of her training for nine months, she was posted at CISF Unit, Jaduguda, State of Jharkhand in March 2008. Again, she was transferred from the State of Jharkhand to Department of Atomic Energy (DAE), Kalpakkam (1st respondent) on 10.06.2009. She joined duty at the 1st respondent unit on 06.07.2009. She got married to one Shri Vikas Chowdary on 17.02.2010. On 17.03.2010, one S.P. Khilare, Asst. Commandant misbehaved with the petitioner and the same was witnessed by one Vedpal Boora, Inspector of CISF Unit of the 1st respondent. The petitioner gave complaint against the said Khilare to her superior, the first respondent herein. The said Inspector Vedpal Boora also gave statement to that effect to the 1st respondent. Instead of taking action against the said Khilare against the complaint given by the petitioner, by order dated 23.03.2010, the petitioner was transferred from 1st respondent unit to RTC, Barwaha, Madhya Pradesh and the higher officials insisted the said Vedpal Boora, Inspector to withdraw the statement. When he refused to with the statement, charges were framed against him and he was ultimately dismissed from service on 10.05.2011. He filed W.P. No. 24618 of 2011 before this Court and in the said writ petition, he made specific reference about the incident happened to the petitioner.
2(i) The petitioner sent number of representations to the respondents for cancellation of the transfer order on medical ground as there was no medical facility at Barwaha, Madhya Pradesh. In the said representation, as an alternative, the petitioner has sought for transferring her to the nearest CISF unit at Delhi. The respondents deliberately refused to transfer the petitioner to CISF Unit, Delhi. The transfer order dated 23.03.2010 was kept in abeyance on the basis of petitioner's representations. On 12.05.2010, the Medical Board constituted by the respondents gave opinion that the petitioner has got number of medical complications like depression, migraine and frequent miscarriages. On 13.05.2010, maternity leave was sanctioned to the petitioner till 12.06.2010 for her miscarriage. On 28.11.2010, one Prabakar, Inspector of the 1st respondent unit misbehaved with the petitioner. On the next day, she gave complaint to the police and also to the 1st respondent Authority. On 10.12.2010, the petitioner requested the 4th respondent to give her a personal hearing and consider her request to transfer her to Delhi from the 1st respondent unit. By order dated 31.12.2010, the petitioner was transferred to 1st Reserve Battalion at Barwaha, State of Madhya Pradesh.
2(ii) On 05.01.2011, the petitioner gave representation to the respondents to cancel her transfer on medical grounds. Again, on 10.01.2011 & 11.01.2011, she made written representations to take action against the officials of the 1st respondent namely Khilare, Asst. Commandant and Prabhakar, Inspector who misbehaved with her. Challenging the order of transfer, the petitioner filed W.P. No. 2152 of 2011 before this Court. The said writ petition was dismissed by this court on 04.03.2011. Against the said order, the petitioner filed W.A. No. 747 of 2011 which was also dismissed by the Division Bench of this Court on 09.06.2011. On 23.03.2011, the order of transfer was affixed on the door of the hostel room of the
