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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