New Delhi: The Central Administrative Tribunal
(CAT) has ordered AIIMS to reinstate the sacked administrative
officer (AO) of its trauma centre, saying his dismissal for
alleged sexual harassment of female employees, was illegal as
no charge sheet had been issued against him.
"We are of considered opinion that the July 2011 order
suffers from the basic illegality of non-issuance of the
charge sheet against the applicant," said the CAT`s principal
bench.
"We quash and set aside the impugned penalty order and the
report of the complaints committee and direct the respondents
to reinstate the applicant forthwith to the post he was
occupying before his dismissal," it added.
The CAT`s order came on a plea by Rajavelu Simon, the
sacked official of AIINS` Jai Prakash Narayan Apex Trauma
Center (JPNA), challenging his dismissal as illegal, arbitrary
and discriminatory.
Simon in his plea had said he was not served with any
charge sheet on the said complaints nor his response was
sought before ordering an inquiry into the allegations.
AIIMS contended that Simon was provided with a copy of the
report of the complaints committee and he was also given the
opportunity to project his defence before the committee and
later before the disciplinary authority.
It also said the charges against him were mentioned in the
report of the committee and there was no need for framing
charges against him.
The bench presided over by Justice VK Bali observed that
as Simon was not issued a charge memo nor given an opportunity
to deny the allegations, he was "deprived of the reasonable
opportunity (to defend himself)".
PTI
