Radha Rani Gupta v. UOI & Ors

RAJIV SAHAI ENDLAW, J. MARCH 18, 2015 "gsr"

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18th March, 2015 + RADHA RANI GUPTA .... Appellant Through: Mr. Vinay Kumar Garg, Sr. Adv./ Amicus Curiae with Mr. Imran Ahmad Abhasi, Mr. Pushpinder Yadav & Mr. Ankur Chibber, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Ms. Arti Singh & Ms. Pooja Singh, Advs. for UCO Bank. CORAM:- HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This intra-court appeal impugns the judgment dated 21st January, 2004 of the learned Single Judge of this Court of dismissal of W.P.(C) No.1318/2000 preferred by the appellant. The appellant had preferred the said writ petition impugning the orders dated 22nd July, 1999 and 19th August, 1999 of the respondent No.2 being the Disciplinary Authority of UCO Bank imposing punishment, in respect of one charge sheet against the appellant of lowering of basic pay by two stages for a period of two years, for each of the two charges levelled, to run with concurrent effect and in respect of other charge sheet of removal of the petitioner from service and lowering of basic pay by two stages for a period of two years for each of the two of the three charges levelled, to run with concurrent effect. 2. Notice of the appeal was issued and the record of the writ petition from which this appeal arises requisitioned. The appeal, on 21st November, 2006 was admitted for hearing and ordered to be listed in the category of regular matters as per its own turn. The hearing in the appeal was concluded on 13th December, 2012 but reopened on the request of the appellant. Arguments were heard on 12th February, 2015 and judgment reserved. 3. The appellant filed the writ petition pleading: (i) that she was appointed as an Accounts Clerk in UCO Bank on 4th October, 1977; (ii) that she was harassed by the union people / some staff members, at the behest of the respondent No.2 Disciplinary Authority and the respondent No.3 Deputy General Manager (who have not been impleaded by name but only by post) of the Bank, since July, 1989; (iii) that the Union Secretary / Workmen Director, on 6th August, 1991 made criminal assault on the person of the appellant; (iv) that the appellant was suspended from service on 7th August, 1991 and charged with misconduct; (v) that she was however reinstated in service in February, 1994; (vi) that she was transferred from the Parliament Street office of the Bank and posted at the place of respondents No.2&3 where the victimization of the appellant continued; (vii) that the appellant on 11th July, 1997 made complaint to the Chairman of the Bank and on the failure of the Bank to take any departmental action, to local police on 8th December, 1997; (viii) that she was served with a charge sheet dated 18th December, 1997, accusing her, (a) of making derogatory remarks "Chandni Chowk Ka Badmash aa gaya phir. Harami Kutta Badatameez" against one peon; and, b) of on 5th December, 1997 having scored out the entry of leave against her name in the attendance register; (ix) that she filed a reply dated 27th December, 1997 denying the charges; (x) that inspite of her repeated demands, she was not supplied with copy of the complaint made by the peon against her and was thus deprived of fully meeting the charge against her; (xi) that the complaint by the peon also was at the behest of respondents No.2&3 and as is evident from the said peon having been conferred undue benefits of posting to his native place and cash benefits; (xii) that the appellant had submitted leave application for 5th December, 1997 and at 10:00 a.m. on that date also submitted a complaint and thus the question of her wanting to change her intention to avail leave and join duty on 5th December, 1997 of which she was charge sheeted, did not arise; (xiii) that the respondent No.2 became furious on seeing the reply of the appellant to charge sheet dated 18th December, 1997 and at the behest of the respondents No.2&3, the appellant on 5th March, 1998 was crim