Document Fragment View

Matching Fragments

"Shri Gurpreet Singh has been examined by Medical Board and found to have Paranoid Schizophrenia. He has been advised appropriate treatment and medical rest for one month. He will be reviewed again after one month"
9

(OA No.459/2016) 7.1 The learned counsel further stated that the applicant did not go for psychiatric consultation on review at Dr. R.M.L. hospital after the period of rest advised for him till 06.03.2016. Hence, the hospital could not make any comments regarding his medical fitness. The learned counsel for the respondents drew my attention to the reply of the respondents to paras 4.3 to 4.5 of the OA, wherein sexual misadventure of the applicant against several lady colleagues have been vividly described.

8. I have considered the arguments of the learned counsel for the parties and have also perused the pleadings and documents annexed thereto. From the medical report of Dr. R.M.L. hospital it is quite evident that the applicant is a Paranoid Schizophrenia patient. After the sexual harassment complaint was made by the lady colleagues of the applicant against him, the matter was enquired into by the ICC, who in its report has held him guilty of the charges. The DA had sought the comments of the applicant on the ICC report and a copy of the said report was also furnished to him. After considering his representation against the ICC enquiry report, the DA has passed the impugned Annexure A-2 penalty order, which has been upheld by the AA vide its Annexure A-4 order.

(iii). go into the adequacy of the evidence;
(iv). go into the reliability of the evidence;
(v). interfere, if there be some legal evidence on which findings can be based.
(vi). correct the error of fact however grave it may appear to be; (vii). go into the proportionality of punishment unless it shocks its conscience."

13. In the instant case, I find that the principles of natural justice have been observed in the conduct of the disciplinary enquiry, all the laid down procedures under Rules 14 and 15 of the CCS (CCA) Rules, 1965 have been followed by the DA and AA. The medical report of Dr. R.M.L. hospital had clearly established that the applicant was of unsound mind and suffering with Paranoid Schizophrenia. The charges against the applicant have been proved in the enquiry report of the ICC. Under these circumstances, I do not find any valid ground for intervention in the orders passed by the DA and AA.