Anil Kumar, J. - (1.) THE respondent was awarded punishment of forfeiture of two years approved service permanently entailing reduction in her pay from Rs. 7075/ - per month to 6725/ - per month vide order dated 27th February, 2006 by the Disciplinary Authority and by order dated 13th September, 2006 by the Appellate Authority pursuant to a complaint by Ms. Sonia Panwar, admittedly a woman of easy virtue and a blackmailer on the allegation that the respondent had demanded her to settle the matter with the accused in a rape case and to share the money with the respondent. The alleged conversation was allegedly recorded by the said complainant, Ms. Sonia Panwar.
(2.) THE respondent had challenged the orders dated 27th February, 2006 passed by the Disciplinary Authority which was confirmed by the Appellate Authority by order dated 13th September, 2006 by filing an OA 1837/2007 titled WSI Rajni Dobhal Vs. Govt. of NCT of Delhi and Anr. Which was allowed by order dated 5th September, 2008 which is challenged by the Govt. of NCT of Delhi in the present petition under Article 226 of the Constitution of India. The petitioners have contended that the Tribunal should not have considered the character and antecedents of the complainant, Ms. Sonia Panwar, on whose sole testimony the punishment was awarded as none of the other witnesses on behalf of the petitioners and the respondent had deposed anything so as to bring the charges exclusively against the respondent.
(3.) THE petitioners contended that the demand by the respondent to the complainant Ms. Sonia to settle the matter with the accused to share the money with her amounted to misconduct in discharge of her official duty and therefore, the punishment was awarded to her in accordance with the Rules and could not be set aside. The petitioners also impugned the action of Central Administrative Tribunal, Principal Bench in perusing the details of the criminal case initiated against the accused and consideration of the antecedents of complainants in exercise of its power under Section 22 of Administrative Tribunal Act, 1985.;