A charge sheet can be quashed at the pre-inquiry stage if it is driven by bias, vindictiveness, or is a roving inquiry intended to harass an employee, especially when the alleged incidents are decades old and administrative in nature.

PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief: -

i. That this Hon'ble Tribunal may be pleased to quash and set aside the impugned Memo/ Charge sheet dated 22.11.2022 (A-1) for the detailed reasons explained above. .

ii. That in order to establish the personal bias and mala fides of Respondent no.4 against the husband of the applicant i.e Sh. Naresh Kumar Pahwa, this Hon'ble Tribunal may be pleased to summon the records pertaining to the complaints and communications received against said Respondent no.4 from Respondent no. 2 and the manner in which the same have been dealt by the concerned authorities. .

iii.That in order to establish the personal bias and mala fides of Respondent no.4 against the husband of the applicant i.e.Sh. Naresh Kumar Pahwa, this Hon'ble Tribunal may also be pleased to summon all records pertaining to complaints and communications forwarded by the former against the latter and the final outcome thereof.

iv. That in order to establish the personal bias and mala fides of Respondent no.4 against the present applicant, this Hon'ble Tribunal may further be pleased to summon all records pertaining to the rushed manner in which circumstances have been created deliberately by respondent no.4 in Regional Office, Chandigarh to dig out non-existent issues against the applicant and the manner in which the same have been dealt by the respondent authorities

2. The applicant had joined service under Navodaya Vidyalaya WS) on 01.07.1995 as Trained Graduate Teacher (TGT) English on 01.07.1995 after participating in an open selection process as per norms. She completed her probation on 28.08.1997 and thereafter, she was placed in the senior scale w.e.f. 01.07.2007. Presently, she is working as TGT (E) JNV, Nahan, HP, located under administrative jurisdiction of Regional Office, Chandigarh. The applicant has been served a charge sheet dated 22.11.2002 under Rule 14 of the CCS (CCA) Rules, 1965 (Annexure A-1). According to applicant, the charge-sheet is an offshoot of discord, misgiving and misunderstanding between her husband Sh. Naresh Kumar Pahwa and Capt. (Retd.) Teena Dhir i.e. respondent No.4.

The applicant has submitted that information regarding discord between the two is based on the input provided by husband of the applicant, who has hands on knowledge about the case. Husband of the applicant Sh. Naresh Kumar Pahwa superannuated on 30.06.2021 and his no dues certificate was also delayed by respondent No.4. According to applicant, records pertaining to complaints and communications between her husband and respondent No.4 should be summoned to see the extent of bias.

3.Briefly stated, during the 2021, a complaint was received from CBI/ACB Lucknow, regarding appointment of Capt. (Retd..).. Teena Dhir, which was investigated by husband of the then Deputy Commissioner, NVS Headquarters in his official capacity. However, according to applicant, it has been learnt that proceedings against respondent No.4 have been diluted at the behest of Direction General Re-settlement (Ministry of Defence) R.K. Puram, New Delhi and respondent No.4 was given clean chit by competent authority in April 2022. The applicant has narrated in detail in the OA cause of conflict between her husband and respondent No.4 and stated that as Respondent No.4 failed to drag husband of the applicant into non-existing controversies and preventing his superannuation, the personal bias of respondent No.4 has now turned towards the applicant. Applicant has narrated in detail events indicating vindictive and biased mindset of respondent No.4 against the applicant after April, 2022 and the same is on record in the O.A.

4. According to applicant, the said respondent called for entire service record of the applicant from the office of Principal JNV, Chandigarh (respondent No.5) i.e. her earlier place of posting and constitu