13. Transfer of unionist, Complaint committee, malafide transfer

61. Sometimes 'transfer' is malafide and more dangerous than punishment

The power of transfer must be exercised honestly, bona fide am reasonably. If the power is exercised on extraneous consideration or on oblique motives or to accommodate another servant, the transfer is mala fide and the affected person has the cause of action to challenge the transfer order.

DJenamani Prafulla Kumar Roy v. State of Orissa, 1981 (1) SLJ 500J

62. Transfer of Association/Union activists

When a Union Officer has been transferred a number of times during the course of one year and the transfer of others were not insisted upon and number of other employees were not transferred for years together, then the transfer is by way of victimization.

[S.K. Kutalik v. Union Bank, 1962 (S) FLR 449 (L.C.).]

63. Sexual harassment – Complaints committee is at par with Inquiry committee.

"The Complaints Committee established in each Ministry or Department or Office for inquiring into complaints of sexual harassment shall be deemed to be the Inquiring Authority appointed by the Disciplinary Authority and the Complaints Committee shall hold, if separate procedure has not been prescribed for the Complaints Committee for holding the inquiry into such complaints, the inquiry, as far as practicable in accordance with the procedure laid down in the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [In 2004 a proviso was added to rule 14(2) of the said rules to this effect]."

DOPT OM No.11013/3/2009-Estt.(A), Dated the 7th August, 2009

 

64. The powers of the Complaints Committee to recommend

a) to transfer the aggrieved woman or the charged officer to any other workplace; or

b) to grant leave to the aggrieved woman up to a period of three months.

(The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled to.)

c) to recommend action to be taken against the person who has made a complaint, if the Committee arrives at the conclusion that the allegation is malicious or the aggrieved woman or the person making the complaint has made the complaint knowing it to be false or has produced any forged or misleading document.

d) to recommend action against any witness if it comes to the conclusion that such witness has given false evidence or produced any forged or misleading document.

DOPT OM No. 11013/2/2014-Estt.A-III, Dated the 27th November, 2014.

65. Definition of "Members of Family" in the context of Rule 4 regarding.

In the context of rule 4(1) and 4(3) "Members of family" in relation to a Government servant include the wife or husband, son or daughter, parents, brothers or sisters or any person related to any of them by blood or marriage, whether they are dependent on the Government servant or not.

DOPT OM No. 11013/4/2016-Estt (A-III) Dated the 20th July, 2016.

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