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8. Respondent No.2 joined NPCIL at the Kaiga Generating Station, Karnataka, as a General Duty Medical Officer (GDMO) in the Grade of Medical Officer 'C' on 12.09.1994. Respondent No.2 was promoted thrice during his career in NPCIL under the Merit Promotion Scheme of the Department of Atomic Energy, Bhabha Atomic Research Centre, applicable to Scientific and Technical Personnel, including Medical Professionals.

9. A report was received by the Director (H.R.), NPCIL, from the Site Director, NPCIL Tarapur, regarding serious acts of misconduct by Respondent No. 2 on the premises of TAPS Hospital on 21.08.2013. The reported misconduct included preventing the Acting Medical Superintendent of TAPS Hospital from performing his official duties; calling the Police from the Arjun 5/39 WP-1927-2016 and WP-1928-2016.docx nearby Panchmarg Police Station to the Acting Medical Superintendent's chamber and stating that Respondent No. 2's life was under threat; and Respondent No. 2 using offensive language towards the Acting Medical Superintendent. Along with the said Report, the Site Director recommended stern action against Respondent No. 2.

10. The Director (H.R.) had the said Report examined by the Disciplinary Cell of NPCIL and forwarded it to the Disciplinary Authority of NPCIL, with a recommendation that Respondent No.2 be suspended and that disciplinary proceedings be initiated against Respondent No.2.

11. Respondent No. 2 was accordingly placed under suspension on 23. 08.2013 in accordance with the extant Rules of NPCIL.

12. Respondent No.2 appealed against the said order of suspension to the Appellate Board, i.e. the Board of Directors of NCPIL. The appeal was rejected. The suspension of Respondent No.2 was reviewed from time to time by the Suspension Review Committee comprising three Director-level officers, and subsistence allowance was paid in accordance with the provisions.

(b) institutes false, malicious, or vexatious criminal proceedings against a member of a Scheduled Caste or a Scheduled Tribe; or
(c) institutes false, malicious or vexatious other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe.

25. The case at hand concerns the institution of false, malicious or vexatious "other legal proceedings" against a member of a Scheduled Caste.

26. The facts that the Respondent No.2 is an employee of the NPCIL; that disciplinary proceedings were initiated against the Respondent No.2 under the NPCIL (Discipline and Appeal) Rules; and that the Respondent No.2 availed of the remedies under the NPCIL (Discipline and Appeal) Rules by filing an appeal against the punishment awarded by the Disciplinary Authority, as available, and also filing a Revision / Review Application (Page 192 of the paper book), are not in dispute.

(Hunstanton) v. Stevens [(1955) 1 QB 275 : (1954) 3 All ER 677 : (1954) 3 WLR 953 (CA)] , Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar Pant [(2001) 1 SCC 182 : 2001 SCC (L&S) 189] , SCC p. 190, para 11.]

28. Intriguingly, it is not the case of Respondent No. 2 that any of the allegations in the disciplinary proceedings are false or malicious. Mr. Sunip Sen, learned Senior Advocate for the Petitioners, has submitted that in the full-fledged inquiry conducted against Respondent No. 2 pursuant to the memorandum dated 10.09.2013, the Petitioner was punished by a salary reduction. Respondent No. 2 failed in the appeal filed challenging the order passed by the Disciplinary Authority, which right of appeal was availed of by Respondent No. 2 in terms of the NPCIL (Discipline and Appeal) Rules governing his Arjun 28/39 WP-1927-2016 and WP-1928-2016.docx employment. The decision of the Disciplinary Authority, NPCIL, attained finality. Respondent No. 2 accepted the decision of the Disciplinary Authority, NPCIL, and subsequently applied for premature retirement. The request for premature retirement was allowed, and Respondent No. 2 was relieved of his services with NPCIL with effect from 06.05.2021 (Page 195 of the paper book).