SEKAR REPORTER

Court News from Madras High Court

Velumani judge bench directed tribunal to complete the Rajesh Das, IPS, case

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(SPECIAL ORIGINAL JURISDICTION)

W.P.No.                   of 2022

 

  • Rajesh Das, IPS,

son of Mr. Pranabandhu Das,

No.19, Raja Street,

Vaikuntam, Kalyani Nagar,

Kottivakkam, Chennai – 600 041.                                    … Petitioner.

 

-Versus-

 

  1. Union of India

Rep. by the Secretary to Government,

Ministry of Home Affairs,

New Delhi – 110 001

 

  1. State of Tamil Nadu,

Rep. by the Chief Secretary,

Fort. St. George, Chennai – 600 009.

 

  1. The Principal Secretary,

Home Department, Government of Tamil Nadu,

Fort. St. George, Chennai – 600 009.

 

  1. The Director General of Police- Tamil Nadu,

Dr. Radhakrishnan Salai,

Mylapore, Chennai – 600 004.

 

 

 

 

  1. Tmt. Jayashree Raghunandan IAS,

The Inquiry officer cum Chairperson,

Internal Complaints Committee,

O/o. Additional Chief Secretary to Government,

Planning and Development Department,

Secretariat, Chennai – 600 009.                              … Respondents.

 

AFFIDAVIT OF THE PETITIONER

 

I, Rajesh Das, IPS, Son of Late Mr. Pranabandhu Das, aged 57 years, residing at Vaikuntam, 19, Raja Street, Kalyani Nagar, Kottivakkam, Chennai – 600 041, do hereby solemnly affirm and sincerely state as follows:

 

  1. I submit that I am the Petitioner herein and as such well acquainted with the facts of the case.

 

  1. I submit I am high ranking civil servant (IPS) serving the nation through my impeccable services for the past more than 31 years with an unblemished record. I submit that I have been instrumental in various law and order reforms in any posting with different government regimes with one common attribute – ‘nation before self’.

 

  1. I submit that I have always been focused on carrying out police duties in an efficient manner in the interest of the administration, in accordance with the law. It is only because of my efficacy and hard work I was appointed by the Government of Tamil Nadu as a Special DGP in charge of Law and Order in the State in October 2020, just prior to ensuing Assembly Elections in Tamil Nadu. Since then, I have cracked down on all the unruly elements disturbing peace and law and order in our State and there has been no reason for any right-thinking person to complain.

 

  1. I have been subjected to a staged chain of events on 21.02.2021 which was given a horrific turn on 22.02.2021 when an IPS officer made false allegations of sexual harassment against me.

 

  1. I submit that based on the false complaint made on 22.02.2021, an Internal Complaints Committee (ICC) under the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) was constituted by the State Government, vide G.O.Ms.No.121 Home (SC) Department dated 24.02.2021 with the following members:

 

i) Tmt. Jayashree Raghunandan IAS,

Addl. Chief Secretary to Government, Planning & Development Department, Secretariat, Chennai – 9

  

 

Presiding Officer
ii) Tmt. Seema Agarwal, IPS,

Additional Director General of Police,

Headquarters, Chennai.

  

Member
iii) Thiru. A. Arun IPS,

Inspector General Of Police,

Administration, Chennai.

  

Member

 
iv) Tmt. B. Shamoondeswari, IPS,

Deputy Inspector General of Police,

Kancheepuram Range.

  

Member
v) Thiru. V.K.Ramesh Babu,

Chief Administrative Officer,

Office of the Director General Of Police,

Chennai – 4

  

Member
vi) Tmt. Loretta Jhona,

Head, Programme Management,

International Justice Mission (IJM)

  

Member

 

  1. I submit that a further complaint dated 26.02.2021 was submitted by the said IPS Officer to the 3rdRespondent, whereby new allegations which were not raised in the original complaint submitted on 22.02.2021 were raised. Based on the complaint submitted to the 4th Respondent and on his instructions, an FIR was registered against me in Cr.No.1/2021 dated 27.02.2021 under Section 354A(2), 341, 506 of IPC read with Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998 by CB CID – North, Villupuram.

 

  1. I submit that I am separately facing the said criminal proceedings, and PoSH proceedings, and reserve my right of defence therein, as per law. Suffice to state that the entire allegations are baseless and aimed to prevent me from becoming the DGP of Police, despite being fully eligible and well qualified to be rewarded for my long unblemished meritorious service in the Police Department.

 

  1. I submit that I have been subjected to untold hardships since 22.02.2021 by false and motivated campaigns which had not only dented my reputation but also spoilt my health, personal life, and prestige in society. Further, it has also caused irreparable loss to my unblemished career.

 

  1. I submit that despite the serious legal and factual infirmities in the various actions, I have no other remedy than to approach this Hon’ble Court with hope in the justice system, to uphold my valuable rights under the law and prove my innocence.

 

  1. I submit that since the members of the Committee especially Mrs.Seema Agarwal, IPS and Mr.Arun, IPS were biased against me, on 27.02.2021, I submitted a detailed objection and requested for reconstitution of the Committee. The complainant officer had approached Mrs. Seema Agrawal, IPS before filing the Complaints and she was a part of the conspiracy in making the draft complaint. Further, Mr.Arun, IPS on 24.02.2021, had made an open comment against me in the Tamil Nadu IPS Association WhatsApp Group. Though the objection was received by the Respondents, no action was taken in pursuance of the same. While so, the ICC commenced its proceedings on 01.03.2021.

 

  1. Meanwhile, on 01.03.2021, the Hon’ble High Court took up Suo Muto cognizance of the entire issue in W.P.No.6591 of 2021 and started monitoring the investigation which was conducted by the Superintendent of Police and monitored by the DGP, CB-CID. Several orders were issued by the Hon’ble Court. Based on the orders passed in the Writ Petition, I was suspended from service. I approached the Hon’ble Supreme Court against the said proceedings and finally, the Suo Motu Writ Petition was closed by the Hon’ble Apex Court, and also the adverse observations made in the High Court proceedings were effaced by the orders of the Hon’ble Supreme Court.

 

  1. I submit that on 02.03.2021, the ICC without considering the objection dated 27.02.2021, made by me, forwarded the complaints of the complainant and directed me to file reply statement within a period of 10 days from the receipt of the documents. The complaint was served piecemeal and I was not served with any supporting documents. The names and addresses of the witness as contemplated under Rule 7(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 was not given. Subsequently, on 04.03.2021, the DGP again issued a letter forwarding another complaint of the complainant to the Hon’ble Chief Minister, State of Tamil Nadu.

 

  1. I submit that on receipt of the above letters and as directed in the above letters on 05.03.2021, I submitted a detailed reply to the complaints made against me along with enclosures and a list of witnesses. Further, on the same day i.e., on 05.03.2021, I submitted a representation to the 4th Respondent to reconstitute the ICC based on the representation dated 27.02.2021 and to take my reply on file. Further, on 05.03.2021, I made a representation to the 2nd and the 4th Respondents to take action against women IPS officers who were making false allegations against me.

 

  1. On 08.03.2021, I submitted another representation to the 3rd Respondent highlighting the different complaints made by the complainant by improving her case in every complaint and objected to the list of witnesses submitted by her on 03.03.2021. On a perusal of the list of witnesses, it could be seen that all the witnesses were her subordinates. I requested the 3rd Respondent to transfer the complainant to a different department or workplace or to transfer the witnesses who are under her direct command and control, but nothing transpired.

 

  1. I submit that on 09.03.2021, I submitted another representation to the 4th Respondent seeking to take custody of the CCTV footages of the DGP Office from 22.02.2021 to 28.02.2021, as the complainant had discussed with one of the members of the ICC and 5th Respondent prior to filing the complaint and the same would be an integral part of the entire enquiry.

 

  1. In the midst of the above, the complainant’s statement was taken before the ICC on 03.03.2021 and it was communicated to me only on 11.03.2021 by the 5th Respondent calling upon me to submit further reply. Though the statement was submitted to the ICC on 03.03.2021 the same was not served upon me at the earliest and I was kept in dark by the ICC. It is necessary to point out that the complainant officer after her first complaint dated 22.02.2021, on 26.02.2021, had changed her version and made unsustainable improvements of the same by adding allegations just for the sake of desperately bringing her complaint within the domain of the Sexual Harassment Act. This delayed action of the ICC Committee raised reasonable doubts about the nature of the proceedings conducted by the Committee.

 

  1. I submit that the Committee had also recorded statements of other witnesses and by letter dated 13.03.2021 I recorded my objections for the delay in serving the statements and also sought for the statement of witnesses, if any, recorded for the effective submission of further reply and also sought to reconstitute the ICC based on my representation. The Committee without considering any of the requests, in utter violation of principles of natural justice, issued a letter on 16.03.2021, reiterating its earlier letter dated 11.03.2021 calling upon me to submit my further reply to the statement submitted by the complainant. I submit that I was placed under compulsory wait from 24.02.2021.

 

  1. On 16.03.2021, when the Suo Muto W.P.No.6591 of 2021 came up for hearing before the Hon’ble High Court, the Hon’ble Court after considering the status report and case diary submitted, observed the following:

 

“5.       When the matter was taken up for hearing on 12.03.2021, this Court had clearly expressed its mind stating that A-2 has been placed under suspension considering the seriousness of the allegations made in this case and this Court specifically posed a question to the State Public Prosecutor as to why A-1 has not been suspended till date.  It was brought to the notice of this court that A1 has been kept under compulsory wait.

 

  1. Placing an officer under compulsory wait does not attach any stigma to it and such compulsory wait is resorted to only in cases where a government servant is not able to be accommodated in a suitable post or vacancy for extracting his services. Till such suitable post or vacancy is identified, the government servant is kept under compulsory wait. It is settled law that the period during which a government servant is kept under compulsory wait is construed to be a ‘period spent on duty’. The concerned government servant will be entitled for all the service benefits including allowances during this period of compulsory wait. It is therefore, clear that keeping an officer under compulsory wait can never be construed as a punishment.

 

  1. In the present case, the investigation is conducted by an officer who is in the rank of Superintendent of Police. A-1 is holding the rank of Special DGP- Law and Order. When such a superior officer who has been kept on a mere compulsory wait, is interrogated by an officer of a subordinate rank, the same will psychologically intimidate the officer from carrying on with the interrogation in a free and fair manner. This is where the suspension of A-1 assumes significance. A-1, coming with his official paraphernalia, even though he is kept under compulsory wait, will jeopardize the investigation from being carried out effectively.

 

  1. The case on hand involves the alleged sexual harassment caused to the victim officer who is holding the post of Superintendent of Police. For the present, the seriousness of the case can be assessed only on the prima facie materials that have been collected by the Investigation Officer, till now. On going through the Case Diary, and also the Status Report filed on behalf of the 5th respondent, there are prima facie materials in the form of the statement given by the victim officer about the alleged incident, the statements of other witnesses about the instructions received by them from A-1 to intercept the victim officer when she was proceeding to the DGP’s office for giving complaint, and the statements and materials collected to show that there was a feverish attempt made to compromise the dispute.

 

  1. In light of the above prima facie materials available, if it had been applied to a police officer of a subordinate rank, by now the officer would have been suspended in contemplation of initiation of disciplinary proceedings. This will be done to ensure that the delinquent officer does not misuse his official position and the investigation can be carried out in a free and fair manner. This practice gains more significance when it comes to investigation of a crime of a delinquent officer, belonging to the police force. In the present case, A-1 is holding the highest post of Special DGP- Law and Order in Tamil Nadu Police.

 

  1. The respondent thought it fit to place A-2 under suspension considering the gravity of the allegations. The yardstick must be the same irrespective of the position held by the accused person. The fact that this Court has taken upon itself to monitor the investigation in this case shows that it involves public interest, and also the dignity of the police force in the state of Tamil Nadu. Therefore, taking a positive step by suspending A-1, pending the investigation will bring in more confidence in the perception of the general public that the issue has been taken up with all seriousness -and the investigation will progress in a free and fair manner.”

 

  1. I submit that what followed in pursuance of the above observation of the Hon’ble Court is that I was victimized at the hands of the official Respondents and the same is evident from the various orders passed by the official Respondents based on the above order without following due process of law.

 

  1. I submit that though my request for statement of witnesses was not considered by the Respondents, I submitted a reply to the statement submitted by the complainant on 17.03.2021. I submit that I was served with a bunch of letters dated 18.03.2021 without following due process of law. The various letters issued on 18.03.2021 are as follows:

 

  1. By letter in Lr.C.No.366/ICC-34/2021 dated 18.03.2021, it was intimated by the 3rdRespondent that I would be given an opportunity to cross examine the witnesses and the witness statements would be provided as per due process.

 

  1. By letter in Lr.C.No.366/ICC-35/2021 dated 18.03.2021, the 3rd Respondent forwarded the list of documents submitted by the complainant in connection with her complaint. It is necessary to point out that only the list was forwarded along with the letter but documents were not provided to me.

 

  1. By Lr.C.No.366/ICC-37/2021 dated 18.03.2021, it was intimated by the 3rd Respondent that action is being taken to access the CCTV footages from the DGP Office.

 

  1. By C.No.366/ICC-38/2021 dated 18.03.2021, I was directed by the 3rd Respondent to attend the enquiry scheduled on 26.03.2021.

 

  1. Vide Lr.C.No.366/ICC-34/2021 dated 18.03.2021, 3rd Respondent forwarded the letter issued by the 2nd Respondent on 26.02.2021, whereby the ICC was reconstituted by inducting Mr.K.Joshi Nirmal Kumar, IPS in the place of Mr.A.Arun, IPS. Though I had requested for reconstitution of the Committee by representations dated 27.02.2021, 05.03.2021, and 16.03.2021, I was not intimated about the reconstitution of the committee as early as 26.02.2021. My first representation seeking reconstitution was on 27.02.2021, whereas the order of reconstitution has been done on 26.02.2021, the reason for reconstitution on 26.02.2021 and the reason for not disclosing the same to me immediately is not known. It was not disclosed either by the 2nd Respondent or by the 3rd Respondent. Further, the request for the removal of Mrs. Seema Agarwal from the Committee was not considered by the Respondents.

 

  1. I submit that the process and procedure followed by the Respondents with regard to the constitution and conduct of the Internal Complaints Committee was totally flawed. To add further to the illegalities, on 18.03.2021 vide G.O.Ms.No.149 Home (SC) Department, an order of suspension was passed purely based on the observation made by the Hon’ble High Court on 16.03.2021 and the authorities had failed to apply their mind before passing the order.

 

  1. Thereafter, I was directed to appear for enquiry before the 5th Respondent on 26.03.2021. On 22.03.2021, I submitted two representations one seeking for reconstitution of the Committee by replacing Mrs.Seema Agarwal IPS and another one seeking for list of documents for making effective representation before the Committee as the Committee had assured to provide the documents by letter dated 18.03.2021. The said request was not considered by the Committee.

 

  1. I submit that both the Criminal proceedings and the ICC proceedings were parallelly taken up and he had pro-actively participated and duly cooperated in both proceedings but was not heard by the Committee. Despite objections, on 26.03.2021, it was informed that Mrs.Seema Agarwal IPS will continue in the inquiry. However, no order was served to that effect. On 26.03.2021, I submitted my statement and was subjected to various queries by the Presiding Officer and members of the Committee. All the questions were not specific to allegations levelled by the Complainant. Despite the biased action, and written protest, I extended the fullest cooperation during the enquiry, as I am innocent and any fair mind will see through the campaign. On 09.04.2021, I submitted a pen drive containing evidence and requested to consider the same as part of my reply dated 05.03.2021.

 

  1. I submit that I came to understand that on 08.04.2021, the ICC submitted a report to the Government on the complaint of the complainant. I submit that I was neither served the report nor any intimation served with regard to the completion of the proceedings and submission of the report. I submitted my objections on 22.04.2021 with regard to the submission of the report without affording any opportunity to peruse the witness statements, and documents relied upon by the complainant and the report is against the mandate of the PoSH Act itself.

 

  1. I submit that the said faulty report dated 08.04.2021 was relied upon and the Government has served a charge memo dated 28.05.2021 based on the said ICC report and by letter in C.No.80/SC1/2021 dated 31.05.2021 issued by the 4th Respondent the same was communicated to me.

 

  1. I submit that as my suspension period expired by order in G.O.Ms.No.196, Home (SC) Department dated 13.05.2021 the order of suspension was extended for a period of 120 days.

 

  1. I submit that though the charge memo relies upon the report dated 08.04.2021 and the list of witnesses, the same was not served upon by the 3rd Respondent who had issued the charge memo dated 28.05.2021.

 

  1. I submit that I placed my objections before the 3rd and 5th Respondent by way of a representation dated 30.07.2021 as to the filing of the report by the ICC Committee and the resultant charge memo dated 28.05.2021 suffers from the vices of violation of principles of natural justice and in violation of Section 13 of the Act, 2013.

 

  1. In the meanwhile, the investigation in FIR in Cr.No.1 of 2021 dated 27.02.2021 was completed and a final report was filed before the Learned Chief Judicial Magistrate, Villupuram on 29.07.2021 and cognizance was taken by the Learned Chief Judicial Magistrate, Villupuram on 30.07.2021 and summons were directed to be issued in C.C.No.231 of 2021. I submit that being aggrieved against the various directions issued by the Hon’ble High Court in W.P.No.6591 of 2021 and seeking to transfer the C.C.No.231 of 2021 to another state, I preferred S.L.P.(Crl). D.No.18070 of 2021 and Transfer Petition (Crl).No.317 of 2021 before the Hon’ble Supreme Court and the Hon’ble Supreme Court considering the facts and materials placed on record by order dated 18.08.2021 was pleased to pass the following order:

 

“Considering the rival submissions and the facts and circumstances on record, we direct as under:

 

  1. Paragraphs 7 and 8 of the order dated 02.08.2021 shall stand expunged.
  2. The matter shall be considered by the concerned Court purely on its own merits without being influenced in any manner by any of the  aforesaid  orders  dated 01.03.2021,  03.2021,  16.03.2021,23.03.2021, 30.04.2021, 18.06.2021 and 02.08.2021 passed by the High Court.
  3. As observed by the High Court in its order dated 23.03.2021, no interference  at  any  juncture  was caused by the accused and, as such, there would not be any apprehension of any interference or influence being exerted by the applicant.
  4. It is made clear that the charges may be framed by the concerned Court in accordance with law and not purely as a result of the directions issued by the High Court in paragraph 7 of the order dated 02.08.2021.

 

With these directions, Suo Moto Writ Petition No.6159 of 2021 stands disposed of as, in our view, no further monitoring is called for.

With the above observations, the Special Leave Petitions are disposed of.

 

TRANSFER PETITION (CRL.) No.317/2021

 

In view of the aforesaid order in SLP (Civil) Diary No.18070 of  2021, Mr. Mukul Rohatgi, learned  Senior  Advocate, on instructions, seeks liberty to withdraw the Transfer Petition.

 

Liberty granted.

 

The Transfer Petition is, accordingly, dismissed as withdrawn.”

 

  1. It is necessary to point out that the Hon’ble Supreme Court took note of the fact that I extended my co-operation with the enquiry before the Enquiry Committee and also in the investigation in Cr.No.1 of 2021 and observed that there would not be any interference by me in the proceedings initiated under the due course of law

 

  1. I submit that in pursuance of the above direction I made a representation on 23.08.2021 before the Government to revoke the suspension as the observations of the Hon’ble Supreme Court are clear. With regard to my objection dated 30.07.2021 against the issuance of the charge memo based on the ICC report dated 08.04.2021, the 4th Respondent vide letter dated 23.08.2021 forwarded the letter dated 13.08.2021 issued by the 3rdRespondent whereby it was informed that I would get full opportunity to inspect the relied-upon documents in connection with the departmental proceedings during the course of enquiry, whereas my serious objections on the ICC report was not even considered. It exposed the non-application of mind and predetermined attitude. I submit that the Respondents were overawed by the allegations that taking steps to find out the truth by giving fair opportunity to the charged officer. The bias took precedence over fairness. Hence the entire action is hit with legal infirmities and malice.

 

  1. I submit that while so, the 3rd Respondent herein vide G.O.Ms.No.355, Home (SC) Department dated 26.08.2021 appointed the internal complaints committee constituted under Act, 2013 as the inquiry committee under the All-India Services (Discipline & Appeal) Rules, 1969. The said G.O was forwarded by the 4th Respondent vide letter dated 31.08.2021.

 

  1. I submit that thereafter, vide G.O.Ms.No.370, Home (SC) Department dated 06.09.2021, the suspension order against me was extended for a further period of 180 days from 13.09.2020 and the same was also communicated by the 4th Respondent through a letter dated 09.09.2021.

 

  1. I submit that the entire facts transpired to date in pursuance of the complaint, would evidence the proceedings before the ICC have been conducted in utter violation of the principles of natural justice and in violation of the mandate of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 itself. The entire proceedings of the ICC Committee and the consequential report are vitiated for not following the due process of law and the same is evident from the following sequence of events.

 

(i) The charging memo on that basis is therefore perverse.

 

(ii) The suspension was issued based on orders of the High Court.

 

(iii) However, when the Hon’ble Supreme Court had cleared the High Court’s adverse observations and directions and further recorded the applicant’s cooperation as well as proof of not tampering, the respondents should have fairly reinstated him by taking note of the orders of the Highest Court of this Nation, which they failed to do.

 

Hence the entire exercise is infested with malafides and arbitrariness.

 

  1. The following events will clearly prove that my apprehension is correct:-

 

S.No Date Events Remarks
1. 22.02.2021 Complaint filed by the complainant  
2. 24.02.2021 G.O.Ms.No.121, Home (SC) Department, forming the Internal Complaints Committee (ICC)  
3. 26.02.2021 Further Complaint filed by the complainant after meeting Ms. Seema Agarwal, IPS and other officers  
4. 27.02.2021 FIR filed in Cr.No.1 of 2021 by CB-CID North Villupuram U/S. 354A(2), 341, 506 of IPC read with Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998  
5. 27.02.2021 I represented for reconstitution of the Internal Complaints Committee.  Especially replace Mrs.Seema Agarwal, IPS and Mr.Arun, IPS. Mr.Arun was replaced by an order dated 26.02.2021 but Mrs.Seema Agarwal was not replaced.
6. 01.03.2021 ICC commenced its proceedings.  
7. 02.03.2021 ICC directed me to submit a reply to the complaint and forwarded the copy of the complaint dated 22.02.2021 and 26.02.2021.  
8. 04.03.2021 ICC forwarded the complaint dated 26.02.201 filed by the Complainant to the Chief Minister and directed me to submit his reply.  
9. 05.03.2021 I made a representation to take action against the Women IPS Officers for spreading false information. No action is taken on this representation
10. 05.03.2021 I made a representation to reconstitute the Internal Complaints Committee. Not acted upon
11. 05.03.2021 I submitted my reply to the complaints dated 22.02.2021 and 26.02.2021.  
12. 08.03.2021 I represented to transfer the complainant to a different Department or workplace or to transfer the witnesses who are under her direct command and control. Not considered
13. 09.03.2021 I represented to reconstitute the ICC and sought CCTV footages of the DGP Office. Mr.Arun was replaced by order dated 26.02.2021 but Mrs.Seema Agarwal not replaced and request for CCTV footages not considered
14. 11.03.2021 ICC forwarded the statement of the complainant dated 03.03.2021 and directed me to submit a reply for the same.  
15. 13.03.2021 I made a representation seeking the statement of the Complainant and the witnesses and also to reconstitute the ICC.

 

 Request for statements was not considered.

Mr.Arun was replaced by order dated 26.02.2021 but Mrs.Seema Agarwal not replaced.
16. 16.03.2021 ICC directed me to submit my further reply to the statement made by the Complainant on 03.03.2021. No response to the request made on 13.03.2021.  
17. 17.03.2021 I submitted further reply to the statement of the complainant dated 03.03.2021.  
18. 18.03.2021 ICC intimated to me that I would be granted an opportunity for verification of witness statements and cross-examination of witnesses. However, no opportunity was granted to examine the statement of the witnesses and cross-examination was also not permitted.
19. 18.03.2021 ICC forwards the list of documents relied upon by the Complainant in connection with her complaint. Only the list was forwarded, and documents were not furnished.
20. 18.03.2021 ICC intimated that action is taken based on the representation of CCTV footage of the DGP office. I was not intimated whether the CCTV footage was collected and I was not provided with a copy of the footage.
21. 18.03.2021 ICC directed me to appear for enquiry on 26.03.2021.  
22. 18.03.2021 ICC intimated about the reconstitution of the Internal Complaints Committee. It was along with this letter, the order dated 26.02.2021 passed by the Home Department replacing Mr.Arun IPS from the ICC was communicated to me.

Prior to this, there was no intimation with regard to the reconstitution of the ICC.
23. 18.03.2021 Order of suspension was passed vide G.O.Ms.No.149 dated 18.03.2021. Based on the High Court observation that I should be suspended
24. 22.03.2021 I made a representation to reconstitute the ICC by replacing Mrs.Seema Agrawal IPS as she is one of the witnesses I wanted to cross-examine. The Request was not considered.
25. 22.03.2021 I submitted a representation before the ICC seeking documents placed before the ICC. The Request was not considered.
26. 26.03.2021 I appeared for enquiry before the ICC and submitted my statement and I was also subjected to cross-examination by the Presiding Officer of the ICC. It was during the enquiry I was informed that the Government has decided to continue with Mrs.Seema Agarwal as a member of the ICC. No order of rejection was served upon me.
27. 07.04.2021 I submitted additional evidence before the ICC.  

 
28. 08.04.2021 ICC submits its report. The report was not served upon me.
29. 22.04.2021 I submitted my objections to the report submitted by the Internal Complaints Committee. The objection was not considered
30. 31.05.2021 Charge Memo framed by letter dated 28.05.2021 and the same was communicated by letter dated 31.05.2021. Even along with the charge memo neither the report nor the documents relied upon were served upon me.
31. 30.07.2021 I submitted a representation against the charge memo dated 28.05.2021.  

 

 
32. 23.08.2021 4th Respondent forwarded the letter dated 13.08.2021 issued by the 2nd Respondent whereby the 2nd Respondent had informed me that I  would get full opportunity to inspect the relied-upon documents in connection with the departmental proceedings during the course of enquiry. Objection made on 30.07.2021 not considered either in the letter dated 13.08.2021 or in the letter dated 23.08.2021.

Documents relied upon for issuance of charge memo were not served.
33. 31.08.2021 4th Respondent forwarded G.O.Ms.No.355 Home (SC) Department dated 26.08.2021, whereby the Inquiring authority was appointed as per All India Services (Discipline & Appeal) Rules, 1969. The internal complaints committee headed by the 5th Respondent was again appointed as the Inquiry Committee under the Rules, 1969, to conduct enquiry based on the report submitted by the very same committee.
34. 09.09.2021 4th Respondent forwarded G.O.Ms.No.370 Home (SC) Department dated 06.09.2021, whereby the suspension was extended for a further period of 180 days beyond 13.09.2021.  

 

  1. A bare perusal of the above sequence of events before the 4th Respondent resulting in the submission of the report dated 08.04.2021, it can be seen that the ICC failed to offer any opportunity to peruse the witness statements, failed to provide an opportunity to cross-examine the complainant officer and the witnesses. The entire proceedings have been done in a biased and arbitrary manner without following due process of law and are void ab initio. Based on such a report the impugned charge memo dated 31.05.2021 was issued.

 

  1. I submit that I have been deprived of the golden rule of natural justice-the right of being heard contained in the Latin maxim “Audi alteram partem” since the ICC report dated 08.04.2021 was made without giving opportunity causing irreparable prejudice, resulting in the initiation of departmental proceedings against the applicant based on the said faulty report. Hence the continued suspension from March 2021 and the charge memo dated 31.05.2021, framed on the basis of the faulty ICC report dated 08.04.2021, are illegal, unjust and contrary to the rules.

 

  1. I submit that as the entire proceedings of the Internal Complaints Committee were conducted in violation of the Act, 2013 and a report has been filed in violation of the Act, 2013, I have filed a Writ Petition in W.P.No.21968 of 2021 before the Hon’ble Madras High Court and the Hon’ble High Court by order dated 22.10.2021 was pleased to pass an interim order of status quo

 

  1. I submit that the entire proceedings are flawed by the failure to follow the due process of law, denial of a reasonable opportunity to the defence, non-consideration of materials independently while issuing the order of suspension and the issuing charge memo and also abdication of responsible performance of duty as per the Indian Administrative Service Rules applicable to me. I submit that being aggrieved and left with no other alternative I approached the Central Administrative Tribunal, Chennai in O.A.No.970 of 2021 seeking for the following relief:

 

to set aside the order of suspension passed in G.O.Ms.No.149 Home (SC) Department dated 18.03.2021 of the 3rd Respondent and the subsequent order of extension passed in G.O.Ms.No.370, Home (SC) Department dated 06.09.2021 issued by the 3rd Respondent and the charge memo issued vide Letter No.HSC4/820-4/2021 dated 28.05.2021 issued by the 3rd Respondent and communicated by letter in C.No.80/SC1/2021 dated 31.05.2021 issued by the 4th Respondent as being illegal, arbitrary and unconstitutional and consequently direct the respondents to reinstate the applicant in service with all attendant benefits, including seniority and other benefits

 

  1. I submit that the said O.A came up for admission before the Tribunal on 16.11.2021 and the Tribunal considering the facts and circumstances was pleased to issue notice to the Respondents therein and passed the following order:

“3.   Learned counsel for respondent no. 1 seeks four weeks’ time for filing reply. Four weeks’ time is granted for filing reply.

  1. In the meantime, respondents no. 2 to 5 are directed to ensure that the applicant is paid his suspension allowance as per law.”

 

  1. I submit that thereafter the O.A. was listed on 23.11.2021, 14.06.2022, and 02.09.2022. I submit that on 02.09.2022 the matter was adjourned for further hearing on 03.01.2023. I submit that since my entire life and career is prejudiced I preferred an M.A. seeking the advancement of hearing and the said application has also not been taken up for consideration to date. I further state that the direction issued by the Central Administrative Tribunal on 16.11.2021 has not been complied with by the Respondents till date.

 

  1. I submit that the above O.A. has been adjourned without any hearing on 14.06.2022 and 02.09.2022, stating “due to paucity of time” the matter cannot be taken up. I submit that the Tribunal failed to consider that my entire life and career is at stake and without any valid reason my suspension is extended from time to time. I further submit that in the above O.A. the Respondents have filed their counter and though the O.A is ripe for hearing, the Tribunal has adjourned the same.

 

  1. In the meanwhile, my suspension was further extended for a period of 180 days beyond 08.09.2022 vide G.O.Ms.No.473 Home (SC) Department, dated 06.09.2022. I submit that the pendency of the above O.A is causing severe hardships as for no valid reason my suspension is being extended from time to time. Further, I have been subjected to severe hardships as I am forced to lose my seniority and my juniors have been promoted.

 

  1. I submit that I have been subjected to severe hardship and embarrassment based on a false complaint. I submit that I have been suspended, and forced to face the Criminal Case in C.C.No.231 of 2021 before the Learned Chief Judicial Magistrate, Villupuram and waiting for inquiry by the Disciplinary Committee based on the report of the ICC which was not even served upon me. In such case, the delay caused in the hearing and disposal of the O.A is causing severe prejudice to my rights, and having left with no other alternative efficacious remedy I am approaching this Hon’ble Court under Article 226 of the Constitution of India on the following

GROUNDS

 

  1. That the Learned Central Administrative Tribunal ought to have considered the facts and circumstances in O.A.No.970 of 2021 and any further delay in the matter will result in a loss of confidence in the judicial process as justice delayed is justice denied.

 

  1. That the Learned Central Administrative Tribunal ought to have considered the fact that the entire proceedings are flawed by the failure to follow the due process of law, denial of a reasonable opportunity to the defence, non-consideration of materials independently while issuing the order of suspension, and the issuing charge memo and ought to have considered the matter on merit.

 

  1. That the inordinate delay in considering the O.A.No.970 of 2021 is only helping the State from extending the order of suspension, which otherwise was passed without following any due process of law.

 

  1. I submit that the inordinate delay considering the O.A.No.970 of 2021 pending on the file of the Central Administrative Tribunal Chennai has resulted in serious prejudice to me since my entire life and career have been severely affected and prejudiced.

 

  1. I submit that unless and until this Hon’ble Court directs the Central Administrative Tribunal Chennai, to consider O.A.No.970 of 2021 on merits and dispose of the same within the time frame fixed by this Hon’ble Court would result in severe hardship and loss. Further, my entire endeavour in defending myself from the malicious prosecution and illegal suspension will become futile.

 

  1. The Petitioner humbly submits that, if the above petition is not allowed by this Hon’ble Court, then the Petitioner would be put to irreparable loss and untold hardship. In the interest of justice, it is just and necessary that this Hon’ble Court may be pleased to direct the Central Administrative Tribunal Chennai to dispose of the O.A.No.970 of 2021 within the time fixed by this Hon’ble Court.

 

  1. I submit that this is the first Writ Petition filed by me before this Hon’ble Court. No other similar petition seeking similar relief is being filed or pending before any other Court or this Hon’ble Court.

 

Under the above circumstances, it is respectfully prayed that this Hon’ble Court may be pleased to issue an order or direction or Writ moreso in the nature of Writ of Mandamus directing the Central Administrative Tribunal Chennai to dispose of the O.A.No.970 of 2021 within the time frame that may be fixed by this Hon’ble Court and pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

 

 

 

Solemnly affirmed at Chennai on         }                  Before me,

this the    day of December 2022 and   }

signed his name in  my  presence                 }              Advocate: Chennai

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

W.P.No. of 2022

 

Rajesh Das, IPS,

… Petitioner.

-Versus-

Union of India

Rep. by the Secretary to Government,

Ministry of Home Affairs,

New Delhi – 110 001 & others.

… Respondents.

 

 

 

 

AFFIDAVIT

 

 

 

 

 

 

 

 

M/s. M.VIJAYAMEHANATH [E.No.3281/09]

E.KARTHIKEYAN [E.No.2219/20]

COUNSEL FOR PETITIONER

MOB: 9994138238

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