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Judgment
By Mallika Arya, AM
Learned counsel for the applicant submitted that the applicant has been posted at SIB Raipur since 2014. On 22.02.2022 a complaint of sexual harassment was lodged against the applicant. The first Internal Complaints Committee after conducting a detailed inquiry submitted it’s report dated 21.10.2022 holding the charges as ‘not proved’. A fresh inquiry was ordered resulting in framing of charges on 19.11.2025 and constitution of a third Internal Complaint Committee.
Further It has been submitted by the applicant counsel that the earlier disciplinary proceedings have been challenged before this Tribunal by filing O.A. No.402/2026 wherein this Tribunal vide order dated 23.04.2026 has directed that no final order shall be passed against the applicant till next date. The respondents vide order dated 15.07.2026 has been transferred him from SIB Raipur to IB Headquarters, New Delhi without assigning any reasons. The applicant has submitted his representation dated 16.07.2026 (Annexure A/8) to the respondents which is still pending for consideration. He further submits that an adequate relief can be granted to the applicant by giving direction to the respondents to consider and decide the said representations in a time bound manner and till then the transfer order dated 15.07.2026 may be stayed since the applicant is going to retire within three years.
Learned counsel for the respondents submits that the applicant has been in Raipur since 2014. Therefore no stay can be granted and his representation may be decided as per law.
Resultantly, this Original Application is disposed of, at the admission stage, without commenting on the merits of the case, directing the competent authority of respondents to consider and decide the applicant’s representation dated 16.07.2026 (Annexure A/8), by passing a reasoned and speaking order, if not already decided, within a period of 15 days from the date of receipt of a copy of this order. A copy of the O.A. may be served along with the copy of this order to the respondent-department. Till the representation is decided, status quo be maintained.