- (1.) The petitioner has challenged the order dated 29th September, 2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A.No.2059 of 2008, titled as "Dr.Salma Khatoon v. Secretary of Government of India, Department of Ayush & others", whereby the original application of the petitioner seeking various reliefs, inter-alia, that the respondents be directed to constitute a proper sexual harassment committee to enquire into sexual harassment complaints made by the petitioner in accordance with the guidelines made by Hon"ble Supreme Court in "Vishakha v. State of Rajasthan & others,1997 SCC(Crl) 932, and to direct the said committee to enquire into the conduct of respondent No.2 was dismissed. The petitioner had filed an original application before the Central Administrative Tribunal, Principal Bench, New Delhi contending, inter-alia that she was appointed as Research Assistant (Unani Medicine) at Bhadrok (Orissa) in CCRUM, Department of Ayush, Ministry of Health, and was transferred from Bhadrok to Patna in 1989. In 1996, she was promoted as Research Officer. The allegation of the petitioner is that on 13th June, 2000, one Sh.KHm Mohmad, the then Deputy Director, in charge caused sexual harassment to co-employee, and an enquiry was initiated and he was placed under suspension. The petitioner"s allegation is that on 5th September, 2007 she was transferred from RRIM, Delhi under an officer who was junior in seniority to her. She was threatened on telephone of her husband either to settle all the disputes and mend her ways or face action.
(2.) In connection with the threats given to her, the petitioner contended that she visited the Director/accused, Sh.M.K.Siddiqui in his Chamber and during conversation, the Director/respondent No.3 molested and harassed her and stated that if she wants posting of her choice, she had to either pay money or please him. Consequently, thereto made a written complaint of sexual harassment to the Commissioner of Police and also to Secretary, Government of India, Ministry of Health. Pursuant to the complaint made by the petitioner, she was informed that a Committee of Sexual Harassment has been formed and she was advised to appear on 30th April, 2008. The petitioner raised objections against the constitution of the Committee and it"s functioning as according to her, even her statement was not recorded properly. The objections raised by the petitioner were not accepted and decided entailing filing of petition under Section 19 of the Central Administrative Tribunal Act, 1985 being O.A.No.2059 of 2008, which was dismissed by the order dated 29th September, 2008 holding that the matter regarding constitution of the Sexual Harassment Committee and the objections raised by the petitioner will not fall under any of the Clause of Section 14 of the said Act.
(3.) It was further held that the ordering constitution of fresh Sexual Harassment Committee would not be a matter in relation to recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation. It was also held that it will also not be a service matters concerning a person appointed to any service or post other than a person referred to in Clause (b) of Sub Section (1) of this Section. The Tribunal further held that apart from the cause of action will accrue to the petitioner only when some action is actually initiated against her on the basis of the report. The petitioner filed the present petition challenging the order of the Tribunal dated 29th September, 2008 contending, inter-alia that the Tribunal will have jurisdiction under Section 14 to consider of this matter and grant her relief prayed by her in her original application before the Tribunal. Besides the relief for re-constitution of the Sexual Harassment Committee, the petitioner had also sought a direction to transfer respondent No.3 out of the present Department or to place under suspension; quash and set aside the report dated 6th May, 2008 of the Committee for Sexual Harassment at work place CCRUM, Department of Ayush, Ministry of Health and to restrain respondent No.3 to threaten the witnesses directly or indirectly, or through agents, nominees, friends and restrain him from tampering with the evidence were also prayed before the Tribunal.;