OP (CAT) NO. 71 OF 2022 1 2025:KER:26349 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 OP (CAT) NO. 71 OF 2022 AGAINST THE ORDER DATED 30.06.2021 IN OA NO.180 OF 607 OF 2020 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONER: V. MURUGESA PILLAI AGED 46 YEARS S/O. VALLINAYAGAM PILLAI, (ORIGINALLY TECHNICIAN- II) REVERTED AS ASSISTANT, EMPLAYEE NO: 16404247887, CARRIAGE & WAGON, KOCHUVELI, TRIVANDRUM DIVISION, 695 036, RESIDING AT '132 E', RAILWAY QUARTERS, THAMPANOOR, TRIVANDRUM . PH: +9173563 21408., PIN - 695001 BY ADVS. SHAFIK M.A. RAMAKRISHNAN D. K.E.HADHIK JAZAR MOHAMMED RASHID K.H. RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER SOUTHERN RAILWAY, HEAD QUARTERS, CHENNAI, PIN - 600003 2 THE ADDITIONAL DIVISIONAL RAILWAY MANAGER SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014 OP (CAT) NO. 71 OF 2022 2 2025:KER:26349 3 THE SENIOR DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014 4 THE SENIOR DIVISIONAL MECHANICAL ENGINEER TRIVANDRUM DIVISION, SOUTHERN RAILWAY, TRIVANDRUM, PIN - 695014 5 THE DIVISIONAL RAILWAY MANAGER SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014 6 INTERNAL COMPLAINTS COMMITTEE SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014 BY ADV DEPUTY SOLICITOR GENERAL OF INDIA OTHER PRESENT: SRI T C KRISHNA DSGI IN CHARGE THIS OP (CAT) HAVING BEEN HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (CAT) NO. 71 OF 2022 3 2025:KER:26349 JUDGMENT Amit Rawal, J. Present OP is directed against the judgment of the Tribunal dated 30.6.2021 in OA No.607 of 2020 whereby the claim of the petitioner in the OA against the order Annexure.A1 for reduction in the rank on the basis of the findings of the Internal Complaints Committee established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) has been rejected. Concededly, as per the Rules applicable, the order of Annexure.A1 was appealable and on 29.5.2020 filed an appeal. However the case before the Tribunal was filed on 25.11.2020. Though the relief as extracted herein below do not reveal that there was a prayer for direction to the competent authority ie., the appellate authority to decide the appeal but challenged the orders reducing the rank. 1. TO CALL FOR THE RECORDS LEADING TO THE ISSUE OF ANNEXURE A-1 TO 1-16 AND TO DECLARE THAT THE ENTIRE PROCEEDINGS OF A-2 AS WELL AS A-1 ISSUED BASED ON A-2, TO BE ILLEGAL, ARBITRARY AND CONDUCTED IN VIOLATION OF THE GUIDELINES ISSUED BY THE GOVERNMENT OF INDIA IN A-17 & A- 18; 2. TO QUASH ANNEXURE A-1 AND A-11 CHARGE MEMO BEING ILLEGAL AND ARBITRARY: 3. TO QUASH AND SET ASIDE ANNEXURE A-2, HAVING BEEN CONDUCTED WITHOUT FOLLOWING A-17 & A-18 GUIDELINES AND WITHOUT COMPLYING ANY OF THE REQUIRED PROCEDURES OF NATURAL JUSTICE AND EQUITY: OP (CAT) NO. 71 OF 2022 4 2025:KER:26349 4. TO DECLARE THAT THE WHOLE PROCEEDINGS AGAINST THE APPLICANT AS ILLEGAL 5. TO PASS SUCH OTHER ORDER OR DIRECTION WHICH MAY DEEM JUST, FIT AND NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND 6. TO AWARD COSTS OF THIS ORIGINAL APPLICATION. 2. Mr.Shafik, learned counsel appearing on behalf of the petitioner submitted that the appeal is still pending and it would have been a farcical exercise for the Tribunal to decide on the merits and prays that he will have one more chance to challenge the order, in case the appeal is dismissed and this court may direct the appellate authority to decide the appeal untrammeled by the findings given by the Central Administrative Tribunal. 3. Though the aforementioned contention has been objected to by the counsel representing the Union as the pendency of the appeal has become infructuous for the reason that there is already an adjudication by the Tribunal. 4. Be that as it may, we are of the view that the petitioner was not properly and legally advised to claim the relief in the aforementioned OA and ought to have asked for expeditious disposal of the pending appeal. In this view of the matter, we modify the order under challenge by directing the appellate OP (CAT) NO. 71 OF 2022 5 2025:KER:26349 authority to decide the appeal (A16) untrammeled by the findings given by the Central Administrative Tribunal as expeditiously as possible in accordance with law within a period of two months from the date of receipt of a certified copy of the judgment. Sd/- AMIT RAWAL JUDGE Sd/- sab K. V. JAYAKUMAR JUDGE OP (CAT) NO. 71 OF 2022 6 2025:KER:26349 APPENDIX OF OP (CAT) 71/2022 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE ORDER PENALTY ADVICE NO. V/M.226/DAR/VMP DATED 25.03.2020 ISSUED BY THE 4TH RESPONDENT Annexure-A2 TRUE COPY OF FINDINGS AND RECOMMENDATIONS OF ICC DATED 29.8.2019 Annexure-A11 TRUE COPY OF CHARGE SHEET NO. V/M/226/DAR/ VMP DATED 28.10.2019 ISSUED B THE 4TH RESPONDENT Annexure-A3 TRUE COPY OF THE COMPLAINT OF SMT. SASIREKHA DATED 31.10.2018 SUBMITTED BEFORE THE ICC Annexure-A4 TRUE COPY OF THE DEPOSITION OF SMT. SASIREKHA. P, THE COMPLAINANT DATED 04.01.2019 Annexure-A5 TRUE COPY OF THE DEPOSITION OF SMT. SASIREKHA P, COMPLAINANT DATED 15.07.2019 Annexure-A6 TRUE COPY OF THE COMMUNICATION NO. V/M.226/CONFIDENTIAL/PART DATED 26.09.2019 Annexure-A7 TRUE COPY OF THE REPRESENTATION DATED 4.10.2019 Annexure-A8 TRUE COPY OF THE COVERING LETTER NO V/CS.182/SP/HELPER C&W/TVC/3/2018 DATED 11.10.2019 Annexure-A9 TRUE COPY OF THE REPRESENTATION DATED 04.10.2019 AGAINST THE ICC PROCEEDING, FINDING AND RECOMMENDATION Annexure-A10 TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL IN O.A 180/159/2019 DATED 25.10.2019 OP (CAT) NO. 71 OF 2022 7 2025:KER:26349 Annexure-A12 TRUE COPY OF THE REQUEST OF THE APPLICANT SEEKING THE COPIES OF DOCUMENTS IN ANNEXURE -ILL SUBMITTED ON 19.11.2019 Annexure-A13 TRUE COPY OF THE COMMUNICATION OF THE RESPONDENTS DATED 19.12.2019 Annexure-A14 TRUE COPY OF THE REQUEST DATED 13.3.2020 SEEKING FULL ICC REPORT Annexure-A15 TRUE COPY OF THE SHORT REPLY TO CHARGE MEMO DATED 13.3.2020 Annexure-A16 TRUE COPY OF THE APPEAL DATED 29.5.2020 AGAINST THE PENALTY ADVICE, A-1. Annexure-A17 TRUE COPY OF THE DOP&T HAS ALSO ISSUED O.M. F. NO. 11013/2/2014-ESTT (A-III) DATED 16.07.2015. Annexure-A18 TRUE COPY OF EXTRACT OF THE RELEVANT PAGES FROM THE HAND BOOK ON SEXUAL HARASSMENT OF WOMEN AT WORK PLACE ISSUED BY MINISTRY OF WOMEN AND CHILD DEVELOPMENT, GOVERNMENT OF INDIA Annexure-A19 TRUE COPY OF THE DEPOSITION OF THE ONE OF THE WITNESSES DATED 15.07.2019 Annexure-A20 TRUE COPY OF RELEVANT PAGES OF ORDERS OF RAILWAY BOARD RELATED WITH TRANSFER OFF RAILWAY SERVANTS WHO ARE OFFICE BEARERS OF RECOGNIZED TRADE UNIONS. Annexure-R1(a) TRUE COPY OF THE COMPLAINT DATED 1.11.2018 FILED BEFORE THE CHAIRMAN, RAILWAY BOARD Annexure-R1(b) TRUE COPY OF THE COMPLAINT DATED 27.11.2018 FILED BY SMT. SASIREKHA AGAINST THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE Annexure-R1(c) TRUE COPY OF THE FIR NO. 314 OF 2018 OP (CAT) NO. 71 OF 2022 8 2025:KER:26349 DATED 29.11.2018 SUBMITTED BY THE RAILWAY POLICE BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT TRIVANDRUM Annexure-R1(d) TRUE COPY OF THE COMPLAINT DATED 29.01.2019 FILED BY SMT. SASIREKHA ADDRESSED TO THE CHAIRMEN ICC WITH A COPY TO SR. DPO, TRIVANDRUM Exhibit-P1 TRUE COPY OF THE ORDER DATED 30.06.2021 IN O.A. NO. 180/607/2020 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM Exhibit-P2 TRUE COPY OF THE MEMORANDUM OF ORIGINAL APPLICATION NO.O.A. NO. 180/607/2020 FILED BY THE PETITIONER Exhibit-P3 TRUE COPY OF THE REPLY FILED BY THE RESPONDENTS TO THE O.A Exhibit-P4 TRUE COPY OF REJOINDER FILED BY THE APPLICANT