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W.P.(C)--7912/2018. Case: MRS. SHRABANI MONDAL Vs. UNION OF INDIA AND ORS.. High Court of Delhi (India)

Judgment Cited in Precedent Map Related
Case NumberW.P.(C)--7912/2018
CitationNA
Judgement DateTuesday December 10, 2019
CourtHigh Court of Delhi (India)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 18th November, Pronounced on: 10th December, 2019

+ W.P. (C) 7912/2018 WITH C.M. APPL. 30342-30343/2018

MRS. SHRABANI MONDAL ..... Appellant

Through: Petitioner in person.

versus

UNION OF INDIA AND ORS. ..... Respondents Through: Mr.Anand Varma, Advocate.

CORAM: JUSTICE S. MURALIDHAR

JUSTICE TALWANT SINGH

J U D G M E N T

Mr. Talwant Singh, J

1. The Petitioner has challenged the order and judgment dated 3rd

2018 in OA No.2053/2016 and order dated 9th February, 2018 in No.18/2018 passed by learned Central Administrative Tribunal (CAT) has further prayed for quashing and setting aside orders dated 4th

and 27th January, 2016 as well as other proceedings. In brief, the case of the Petitioner is that she joined All India Institute of Medical Sciences in 2002 as Sister Grade-I. On 30th September, 2015 she was asked handover the charge to another nurse and she was transferred to DNS. was earlier working in D2 ward. On 5th October, 2015 she requested acting Medical Superintendent for some fixed time duty so that she can take care of her autistic child also. She further wrote a letter dated 2nd

2015 requesting to put her back in lithotripsy or OPD duty.

2. On 14th November, 2015 the Petitioner was served with a memo in which it is stated that she had shown reluctance and disinterest in joining transferred place of work. She replied to the said memo on 26th

2015. A warning letter dated 11th December, 2015 was issued to her that in future, she should not make baseless allegations against the Another memo was issued to her on 27th January, 2016 proposing to action against her under Rule 16 of CCS Rules. The same was replied 27th January, 2016. She again wrote a letter on 18th March, 2016 Medical Superintendent requesting for a light duty in view of the condition of her autistic child. In February/March, 2016 the approached National Human Rights Commission, Court of Commissioners for Persons with Disabilities, Delhi Commission for Women and Scheduled Caste Commission also and appraised them about the facts of her case. On 4th May, 2016 the Respondents instituted an enquiry against her under Rule 14 of CCS Rules, 1965.

3. The Petitioner preferred an OA No.2053/2016 before CAT which dismissed vide impugned order dated 3rd January, 2018 and the petition filed against the same has been dismissed on 9th February, The Petitioner has made the following prayers:

“It is therefore most respectfully prayed that this Hon’ble Court may be graciously pleased to:

(a) Quash and set aside the impugned orders and judgment dated 03.01.2018 in OA No.2053/2016 and order dated

09.02.2018 in RA No.18/2018.

(b) Quash and set aside the order dated 04.05.2016, dated

27.01.2016 and other proceedings.

(c) Pass any such order as this Hon’ble court may deems and proper in the facts and circumstances of the case to meet the ends of justices.”

4. Counter affidavit was filed by Respondent Nos.2-5 mentioning that the only legal contention raised by the Petitioner is that simultaneous proceedings under Rule 15 and 16 of CCS (CCA) Rules being conducted; the departmental enquiry is mala fide and is conducted to harass the Petitioner but the Petitioner had not raised contentions before the CAT and it is established principle of law that contentions not raised before the learned Tribunal...

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