Legal Issues at workplace
Profile: 43 years old; serving in the Central Government for the last 18 years as a civil servant; year of retirement - 2033 Opinion required as per service rules, etc on some of the following issues encountered at work place:- 2003: - Sexual harassment charges was lodged against me and investigations were done but the outcome of that exercise has not been intimated till date i.e., even after 13 years despite numerous representations at regular interval. 2004:- Personal effects, including hard cash, seized by a 3-member committee from the office premises at my then place of posting have not been returned. 2012:- Due to medical reasons, CGHS doctors have recommended relaxation in working conditions including avoiding travelling duties. 2013:- (a) Medical board also agreed with the findings of CGHS doctors and recommended relaxation in working conditions including avoiding travelling duties. (No cognisance has been taken by the employer on my health issues till date) (b) Assigned Election Observer duties in 2013 and 2014 2014:- Transferred to a neighboring state (a) 750 Kms from the city where spouse, a State govt employee, is posted (b) another officer, native of the State, already in that same office for the previous 8 years was retained after his transfer to another place effected 3-months back was cancelled. 2015:- (a). 3 more medical boards were ordered in another city 900 kms away. (b). Appearance at medical board in April 2015 was made conditional to me receiving the Action taken report on the 2013 medical board opinion (c) Appearance at medical board in July 2015 led to complications while in-transit and could not appear for the medical board on the scheduled day (d). Appearance at medical board in Aug 2015 led to complications while in-transit and the flight was diverted to another airport due to medical emergency; no appearance at the medical board (e). Desisted from coming to office from June 2015 (f). Not-allowed to report for in-patient treatment at a Kerala based hospital which was pre-approved and pre-paid by office during Aug 2015. I HAVE BEEN RECEIVING SALARY IN FULL TILL DATE. Advice required on:- (i) taking the sexual harassment case to its logical end (ii) fixing responsibility on senior officers for neglecting medical opinion since 2012 ***********
you can proceed by filing an RTI and requesting for a copy of the final outcome of the sexual harrasment case. if you dont receive an answer under the RTI application, then you need to approach concerned authorities / court seeking directions to your employer to release the final order of the sexual harrasment case.
The other question requires some clarification before an answer can be given.
Please feel free to get in touch.
Thanks and Regards
Vanakkam Dheeraj Bhai,
How do I get in touch with you? My contact nos. are 020 26337423, 9426676932.
2. Or email is the only option to get in touch?
The first measure would be filing RTI. Kindly frame an application asking them the status of their investigation report. We are not able to understand whether your investigation is within the department or has the case been reported to the Police. If it is the former, then you must first get a written response regarding the opinion/conclusion of the investigation body. If it is the latter, we cannot advice you without knowing the details such as whether the trial has begun or not etc.
The Service rules mandate the examining authority to give their opinions/reasoning. There is definitely a negligence on part of the seniors for not obeying the 2012 medical board's opinion/reasoning. However you must have had acted immediately. The rules clearly state that if an employee is in bad health, then it is his duty to obtain leave. The second and third medical examinations had been scheduled as per the Rules which state that one may be sent for examination for adjudging his fitness to continue in the service. We presume that you must be having a copy of 2012 Medical Board's order. You may write to your authorities and can take the case to the Administrative Tribunal. In case you do not have the copy of the order, you may file an RTI to obtain the same.
However we shall not recommend you for the above remedy. For your benefit, instead of forcing them to apply 2012 Board's order, you must request for a medical review board. Since you have been desisted from the office; the rules mandate the medical board to cite their reasons for such an action. You must ask for a review board as per the rules and produce them the reason justifying your absence from the examinations held in 2015. Please remember "He who comes to equity must come with clean hands". So make sure that the end decision comes in your favor.
Feel free to write back.
Answered by Sammanika Rawat, Lawfarm Researcher
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