Sulaxna Mary v. All India Institute of Medical Sciences

1. On the last date of hearing, learned counsel for the respondents/AIIMS had sought time to obtain instructions in the light of the averments made in the present petition.

2. Today, learned counsel for the respondents/AIIMS states that the inquiry conducted in respect of the allegations of sexual harassment levelled by the petitioner against two employees working in the Dental Unit of the respondents/AIIMS has already been concluded and the report is pending consideration before the Competent Authority, namely, the Director, AIIMS. He states that a decision has yet to be taken on the recommendations made in the 2014:DHC:7222 Inquiry Report. It is further submitted that the present petition is not maintainable in this Court for the reason that the AIIMS is a notified body under Section 14 of the Administrative Tribunals Act, 1985 and therefore, the remedy of the petitioner lies before the Central Administrative Tribunal.

3. Mr. Puri, learned counsel for the petitioner submits that his client is willing to approach the Tribunal for appropriate relief but in the meantime, she may be protected insofar as the office order dated 19.11.2014 is concerned, whereunder the petitioner has been transferred/posted out of the Dental Unit.

4. Learned counsel for the respondents/AIIMS argues that the impression sought to be given by the petitioner that the transfer order dated 19.11.2014 is punitive in nature, is incorrect inasmuch as the transfer is a routine order and in any case, the petitioner has only been shifted from one wing of the respondents/AIIMS to another wing.

5. The aforesaid submission is however disputed by learned counsel for the petitioner, who states that it is the petitioner alone, who has been transferred out of the Dental Unit and the same is attributable to her complaint wherein allegations of sexual harassment have been levelled against two employees of the Dental Unit.

6. Without going into the merits of the case, having regard to the fact that the AIIMS is a notified body under Section 14 of the Administrative Tribunals Act, 1985, it is deemed appropriate to dispose of the present petition with liberty granted to the petitioner to approach the Central Administrative Tribunal for appropriate relief in respect of the office order dated 19.11.2014. In the meantime, the respondents/AIIMS shall not take any coercive steps against the petitioner in terms of the office order dated 19.11.2014, for a period of one week from today.

7. The petition is disposed of alongwith the pending application. (HIMA KOHLI) DECEMBER 18, 2014 JUDGE rkb