J U D G E M E N T

PUSHPA SATHYANARAYANA, J.

The writ appeal is directed against the order dated 26.08.2019 made in W.P.No.32163 of 2012 quashing the order terminating the respondent from service, which was confirmed by the Appellate Authority as well as the revisional authority.

2. The facts leading to the above appeal are as follow :

2.1. The first respondent had joined the Central Industrial Security Force (CISF) at Barwaha in Madhya Pradesh as Lady Constable on 27.09.2007. After completion of training for nine months, she was posted at CISF Unit, Jaduguda in Jharkhand. Later, she was transferred to the CISF Unit, Department of Atomic Energy (DAE), Kalpakkam, Tamil Nadu, on 10.06.2009. She had also joined duty at Kalpakkam on

06.07.2009.

2.2. The writ petitioner was married to one Mr.Vikas Chowdary on

17.02.2010. She has stated in her writ petition that one Mr.S.P.Khilare, Assistant Commandant of the first appellant unit, misbehaved with her, which was also witnessed by one Mr.Vedpal Boora, Inspector in the CISF Unit. The said Vedpal Boora had, in fact, given a statement to that effect, which he was compelled to withdraw. However, when he refused to do so, the charges were framed against him and he was ultimately dismissed on 10.05.2011, which was challenged by him in W.P.No.24618 of 2011. The writ petition was partially allowed setting aside the order of dismissal and directing the first respondent to conduct a fresh enquiry against the said Vedpal Boora, by affording him adequate opportunity to participate in the enquiry and treat his absence till then as, having been kept under suspension and pay the subsistence allowance. The above said order was passed on 18.01.2018.

2.3. Since the writ petitioner herein had made a specific complaint about the said Khilare's misbehaviour, the appellants turned hostile towards her, instead of taking action against the erring officer. They had transferred the writ petitioner on 23.03.2010 from CISF Unit, Kalpakkam, to RTC, Barwaha, Madhya Pradesh. The writ petitioner had made several requests and representations seeking to cancel the transfer order on the ground that there was no medical facilities available at Barwaha and she had to be under medical treatment on account of her pregnancy. She had also made a request to transfer her at least to an unit nearest Delhi. But her requests were not heeded to in toto, however, the transfer order dated 23.03.2010 was kept in abeyance on the basis of her representations. This is so on the ground that a medical certificate was issued by the Medical Officer of the appellants on 12.05.2010 stating that the writ petitioner was suffering from depression, migraine and frequent miscarriages. The writ petitioner was given abortion leave from 13.05.2010 to 12.06.2010, based on the medical certificate issued by the Medical Head of the DAE Hospital on 12.05.2010.

2.4. The Medical Officer at the Atomic Energy Hospital (DAE), Kalpakkam, had also gave a medical report stating that the writ petitioner was having a recurrent abortion on 25.11.2010. In the meanwhile, the petitioner had again complained against one Mr.Prabhakar, Inspector of the first respondent Unit, alleging that he misbehaved with her. This incident happened on 28.11.2010 also aggravated her severe depression and she was hospitalised for two months.

2.5. The writ petitioner also made a request on 10.12.2010 to the fourth appellant to give her personal audience, regarding her request to transfer to Delhi. But the appellants had transferred the writ petitioner from DAE, Kalpakkam, to the 1st RB, Barwaha, State of Madhya Pradesh on 31.12.2010 based on her claim of transfer to Delhi. Immediately, on 05.01.2011, she sent another representation to cancel her transfer on medical grounds followed by written representations dated 10.01.2011 and 11.01.2011 to take action against the officials Mr.Khilare and Mr.Prabhakar of the first respondent unit on the alleged misbehaviour.

2.6. As already the transfer order da