TN sexual harassment case: DGP Rajesh Das challenges suspension

CHENNAI: The suspended DGP-rank officer, Rajesh Das, who is facing trial in connection with a sexual harassment case filed against him by a woman IPS officer, has moved the Chennai bench of Central Administrative Tribunal (CAT) challenging his suspension.
Admitting his plea on Tuesday, judicial member D S Mahra has directed the Tamil Nadu government to respond to his plea by December 20.The tribunal has also directed the state government to ensure that subsistence allowance was provided to the officer.
Claiming that his suspension was ordered based on an observation made by a single judge of the high court, Rajesh Das said the suspension and its extension had been made without application of mind.
Therefore, he wanted the tribunal to set aside the suspension and direct the state to reinstate him in service with all attendant benefits, including seniority.
Rajesh Das contended that the proceedings of the Internal Complaints Committee (ICC), and its order dated April 8 were erroneous and faulty for not following the principles of natural justice.
"The charge memo dated May 31 issued on that basis is, therefore, illegal and contrary to rules. There was no independent application in mind by the disciplinary authority," he added. He argued that the Supreme Court and the high court had held in several instances that not providing due opportunity of representation to a party to defend them effectively during the inquiry and not providing a copy of the report of inquiry would vitiate the proceedings.
Though the ICC report was filed as early as April 8 and further departmental proceedings have also been initiated based on the same, till date the report has not been served to the applicant and as such the entire proceedings is liable to be struck down, he added.