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Judgment
L. Narasimha Reddy, J
The applicant is working as Senior Technical Assistant in the National Bureau of Plant Genetic Resources, the 2nd respondent herein. Through an order dated 26.09.2018, he was transferred from Pusa Campus to Experimental Farm at Isapur, on the allegations of sexual harassment. The applicant did not join the place to which he was transferred. Therefore, he was issued with a show cause notice dated 12.03.2020 requiring him to explain within ten days as to why disciplinary action shall not be initiated against him for his non-compliance to the order of transfer. This OA is filed challenging the order of transfer as well as the show cause notice dated 12.03.2020.
The applicant argued the case in person. On behalf of the respondents Sri S.S.Lingwal, learned counsel appeared.
The case was heard at length on 15.06.2020. On that day, the applicant sought further time to make additional submissions. Accordingly, it was adjourned to today.
The applicant was transferred from Pusa establishment to Experimental Station at Isapur in Delhi, in view of the allegations of sexual harassment against female employees. The judgments rendered by the Hon'ble Supreme Court on this aspect are very clear. An employee, who is alleged to have resorted to the acts of sexual harassment against female employees, needs to be transferred to other places to avoid any meddling with the inquiry into the matter. Added to that, the place to which the applicant is transferred is within Delhi. Though he raised a contention that he cannot perform the duties attached to the office at Isapur, it is for the respondents to take a decision in this behalf. The applicant has to discharge the duties as are assigned to him by the establishment. Once the transfer is on the allegations of sexual harassment and to a place within Delhi, we do not find any basis to interfere with the same.
The applicant contends that various employees of the Organization are permitted to work from home in view of the present prevailing situation of Covid-2019 epidemic. It is needless to mention that the respondents shall take this aspect into account and inform the applicant as regards the method and manner of discharging of his duties.
The OA is accordingly dismissed. There shall be no order as to costs.