Snigdha Bhattacharya vs Union Of India And Ors

Case of the petitioner is that she was appointed as an Administrative Officer under Composite Regional Centre (for short, CRC), Tripura w.e.f. 04.06.2018 by an order dated 13.06.2018 on contractual basis for a period of six months. This contractual engagement continued from time to time. Her last extension was granted from 06.12.2019 for a period of six months under an order dated 12.12.2019.

It is further the case of the petitioner is that on 25th July, 2019 the Director of CRC, Tripura, respondent No. 4 herein had misbehaved with the petitioner at the work place for which she lodged a complaint of sexual harassment with the authorities on 26.07.2019. During the proceedings arising out of the said complaint the respondent No.4 acknowledged his error and tendered a letter of apology dated 12.09.2019. The petitioner at that stage also decided to close the proceedings and eventually, such proceedings were closed by the committee on 19.09.2019. The proceedings of 19.09.2019 also record the apology tendered by the respondent No.4. Despite this, the petitioner's harassment at the hands of the respondent No.4 continued on account of which the petitioner had to write to the authorities to revive her previous complaint.

Mr. B. B. Das, learned counsel for the petitioner submitted that on account of such complaint filed by the petitioner against the respondent No.4, her services are sought to be terminated without valid reasons. There is no discontinuation of the work which the petitioner is doing. Further, the performance of the petitioner has all throughout been totally satisfactory. It was because of her work performance that in the past, the department had extended the tenure of the petitioner on several occasions. Only on account of the petitioner's complaint against the respondent No.4, her tenure is sought to be abruptly terminated. For such purpose, the authorities have issued notice-cum-order dated 26.06.2020 terminating the petitioner's engagement w.e.f. 25.07.2020.

Considering the materials on record and the submissions made by the counsel for petitioner, let there be notice, returnable by 20.08.2020.

Mr. H. Deb, learned Asstt. S. G waives notice on behalf of respondents No.1, 2 and 3. Steps to be taken to serve notice against respondent No.4.

By way of add interim relief, impugned order dated 26th June, 2020 is stayed. It is further provided that the petitioner shall be allowed to discharge her duties on the same post on the same terms and conditions on which she is presently engaged.