The inquiry against the applicant was invalid due to non-compliance with CCS(CCA) Rules, leading to the setting aside of his dismissal and blacklisting.

ORDER

Hon’ble Mr. B.Anand, Member (A):

In the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following reliefs:-

“a) Set aside the order of dismissal and blacklisting dated 05.07.2023 passed by Respondent no.1 in terms of the recommendations in the report of Respondent no.2 (ICC) dated 20.06.2023 as vitiated both by procedure and on merits.

b) Call for the record of the enquiry conducted by the Respondent no.2 (ICCSHW) on the complaint dated 22.03.2023, which culminated in the ICCHWS’s findings and report dated 20.06.2023.

c) Set aside the report of the ICC dated 20.06.2023 with its findings as well its recommendations be set aside as vitiated both by procedure and on merits.

d) Pass any other order or direction which this Hon’ble Tribunal thinks fit and proper in the light of the facts and circumstances of the present case.

e) Direct costs of this litigation to be paid to the Applicant by the Respondents.”

2. In addition, the applicant has also sought for the following interim reliefs:-

“a) Permit the release of the applicant’s final MS examination results based on which he can start applying for job opportunities.”

3. The brief factual matrix of the case is that the applicant, while working as a Doctor [Junior Resident (Academic)] in the Department of Orthopaedics of All India Institute of Medical Sciences (AIIMS), had allegedly examined a lady patient, inside the consultation room, when the said lady patient was not accompanied by any other relatives or other persons as contemplated in the Standard Operating Procedure (SOP) for conducting such examination in AIIMS. On 22.03.2023, the said lady patient filed a complaint against the applicant alleging that the applicant had attempted to molest the lady patient with the authorities of AIIMS and also filed a police complaint on the same day (22.03.2023) in the Hauz Khas Police Station (P.S.), which she had subsequently withdrawn according to the General Diary No. 74A at the P.S. The said complaint by the lady patient was referred to the Internal Complaint Committee for Sexual Harassment of Women at the Workplace (ICCSHWW) constituted by the AIIMS for inquiring into the allegations of sexual misconduct under Prevention of Sexual Harassment at the Workplace Act 2013 (the POSH Act, for short). After conducting inquiry, the ICCSH had given inquiry report dated 20.06.2023 wherein the Committee had concluded as under:-

“1. The accused is guilty of sexual harassment of patient at work place.

2. The accused is guilty of stating wrong facts pertaining to the case and tarnishing the image of the institute.

3. The accused is guilty of creating false evidence to protect himself, being in position of power.

Suggestion:

1. The accused to be immediately removed from the institute.

2. A recorded warning should be given with directions not to approach the patient/witness concerned with the case in future himself or through colleagues etc. if found doing so, strict administrative action with police reporting shall be done by the institute.

3. The accused to be blacklisted from availing any further job opportunities at AIIMS.

4. Protection to be provided to the witness in terms of safe and secure environment at workplace by the Deptt. of Orthopaedics and the institute.

4. Based on the recommendations of the ICCSHWW, the respondent no.1 had passed an order dated 05.07.2023 whereby the applicant’s registration for appearing in the final examination of MS Orthopaedics was cancelled and his services as a Doctor Junior Resident (Academic) was terminated with immediate effect. Aggrieved by the said order terminating his services from the respondent organization – AIIMS and also cancelling his registration in MS Orthopaedics exam, the applicant filed OA No. 3672/2023 under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs under Paras 8 and 9 thereof:-

“a) Pass directions to the respondents to permit the applicant herein to regist