- (1.) Aggrieved by the order of the Central Administrative Tribunal, Kolkata Bench, the petitioner has approached this Court by way of the present writ petition filed under Article 226 of the Constitution of India.
(2.) The issue involved in the present petition is whether while imposing a minor penalty it is necessary for the respondents to conduct a fullfledged departmental inquiry. The facts involved in the present petition are as follows: The petitioner is employed in the Department of Posts and has been working there since 16th April 1976. She is the Vice-president of All India R.M.S. & M.M.S. Employees Union Group-'C' Mail Guard Group-'D' National Federation of Post and Telegraph Employees. On 18th July 2009 the Divisional Secretary of the aforesaid union intimated the Superintendent, Department of Posts, Kolkata that members of the union would proceed on an indefinite 'dharna' on and from 20.07.2009 as their demands had not been fulfilled. The petitioner participated in the 'dharna' along with about 150 members of the union on 20.07.2009. According to her the 'dharna' was peaceful. The petitioner was issued a memo along with the statement of imputation of misconduct on 23rd/24th July 2009. The memo was withdrawn and treated as cancelled due to some technical errors. A fresh memo was issued to the petitioner on 27th July 2009 along with a statement of imputation of charges. The charges were that (i) the petitioner had held a demonstration on some local issues in front of the chamber of the Superintendent in the office premises, without permission and (ii) during this demonstration she had abused the superintendent using insulting and filthy language. The petitioner was directed to show-cause within 10 days of the receipt of the memo. Accordingly the petitioner submitted her representation against the proposed action sought to be initiated under Rule 16 of the Central Civil Services Classification Control and Appeal Rules (hereinafter referred to as the CCS (CCA) Rules). The action was proposed due to the violation of Rules contained in the Central Civil Services Conduct Rules (hereinafter referred to as Conduct Rules).
(3.) The petitioner submitted her reply to the show cause notice and requested the authorities to furnish a copy of the special report if any with respect to the incident which occurred on 20th July 2009 and any other documents on the basis of which the charge was framed against her.;