Disciplinary proceedings against a government servant must follow due process, including establishing a prima facie case before initiating action, as emphasized by the court.

JUDGMENT :

1. Heard Sri Ajit Kumar Dwivedi, the learned counsel for the petitioners-Union of India and its Officers and Sri Praveen Kumar the learned counsel for the opposite parties.

2. By means of this writ petition filed under Article 226 of the Constitution of India, the petitioners have sought quashing of the judgment and order dated 8.5.2024 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow allowing Original Application No. 332/00365 of 2023 filed by the opposite party No. 2 - Akash Goyal.

3. Briefly stated, facts of the case are that while the opposite party No. 2 was working as an Assistant in the office of the Geological Survey of India, Western Region, Jaipur, a lady co-worker filed a complaint against him. The complaint was referred to the Internal Complaints Committee, which held a detailed enquiry and submitted a report dated 21.11.2022. The Director (G) & HOD and Disciplinary Authority, G.S.I., Western Region, Jaipur issued an Office Memorandum dated 14.2.2023 stating that a disciplinary action was proposed against the opposite party No. 2 under Rule 16 of CCS (CCA) Rules, 1965. The statement of the imputation of misconduct was enclosed with the memorandum and the opposite party No. 2 was given an opportunity to make a representation against the proposal. The statement of the imputations of misconduct levelled the following two charges :

ARTICLE-1

That the said Sh Akash Goyal, Assistant, Geological Survey of India, Western Region, Jaipur has breached the modesty of a woman in work place, as reported by the lady official in her written complaint on dated 23rd May 2027, during the proceedings of Internal Complaints Committee Meeting it is observed that the right to life with dignity and her right to secrecy of the complainant was breached by sharing her very personal data like whats app chat content and pregnancy report with others without her consent affecting the modesty of a woman by Sh. Akash Goyal, Assistant, GSI, WR, Jaipur.

Therefore, Sh Akash Goyal, Assistant, Geological Surety of India, Western Region, Jaipur indulged himself in gross misconduct, dereliction of duty in a manner unbecoming of a Government Servant in contravention of Rule 3(1)(ii) and (iii) and 3-C(1) of CCS(Conduct) Rules, 1964.

ARTICLE-II

That the said Sh Akash Goyal, Assistant, Geological Survey of India, Western Region, Jaipur during the proceedings of Internal Complaints Committee Meeting it is also observed that the natter was initiated from personal Issue and aggravated so much that the whole office suffered.

Therefore, Sh Akash Goyal, Assistant, Geological Survey of India, Western Region, Jaipur has failed to maintain devotion to duty and acted in a manner of unbecoming of Government Servant in contravention of Rule 3(1) (ii) and (iii) of CCS(Conduct) Rule, 1964.

4. The opposite party No. 2 submitted his representation against the aforesaid memorandum on 15.2.2023 inter alia stating that the matter under consideration was personal in nature and it did not concern the office, as was clearly intimated to the office vide letter dated 1.4.2022 jointly signed by the opposite party No. 2 and the complainant. A copy of the letter dated 1.4.2022 jointly written by the opposite party No. 2 and the complainant was annexed with the reply. The opposite party No. 2 further stated in his reply that the allegations do not make out a case of sexual harassment. It was also stated in the reply that the opposite party No. 2 had already submitted a comprehensive representation dated 20.12.2022 stating that the complainant had exaggerated the matter and concocted the story to defame the opposite party No. 2 but the matter was resolved subsequently.

5. The opposite party No. 2 stated that his performance of duties was evident from the letters of appreciation issued on 15.6.2022 and 20.9.2022, copies whereof were enclosed with the reply. The opposite party No. 2 had been transferred from Jaipur to Lucknow and the complainant had been transferred f