NISHA PRIYA BHATIA versus UNION OF INDIA & ANR.

Citation: [2020] 10 S.C.R. 596 · Decided: 24-04-2020 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Disposed off

Cited by 2 judgment(s) · cites 25 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2020] 10 S.C.R.
NISHA PRIYA BHATIA
v.
UNION OF INDIA & ANR.
(Civil Appeal No. 2365 of 2020)
APRIL 24, 2020
[A. M KHANWILKAR AND DINESH MAHESHWARI, JJ.]
Research and Analysis Wing (Recruitment, Cadre and
Services) Rules, 1975 – r.135 – Constitutionality of – Held: r.135 is
valid and does not suffer from the vice of unconstitutionality.
Research and Analysis Wing (Recruitment, Cadre and
Services) Rules, 1975 – r.135 – Appellant was posted in Research
& Analysis Wing (R&AW) as Director at Headquarters, New Delhi
– Complained of sexual harassment against two officers working
as Secretary (R) and Joint Secretary at that time – She reportedly
attempted to commit suicide – Her identity and association with
R&AW became a subject of public discourse – She was declared
unemployable due to exposure as an intelligence officer – Order of
compulsory retirement passed u/r.135 – Appellant’s challenge upheld
by Tribunal, reinstatement directed – Decision reversed by High
Court – On appeal, held: Impugned order of compulsory retirement
against the appellant is valid and legal – Grant of pension to the
appellant to be computed in accordance with the date of notional
superannuation as directed by High Court and not from the date of
actual compulsory retirement – Compensation of Rs.1,00,000/- be
paid to the appellant for violation of her fundamental rights to life
and dignity as a result of improper handling of her complaint of
sexual harassment – Constitution of India – Arts.13, 14, 21, 309-
311 – Doctrine of pleasure; Doctrine of necessity – Principles of
natural justice –Central Civil Services (Classification, Control and
Appeal) Rules, 1965 – The Sexual Harassment of Women at
Workplace Act, 2013 – Service Law.
Constitution of India – Art.311 – Operation of – Discussed.
Research and Analysis Wing (Recruitment, Cadre and
Services) Rules, 1975 – r.135(2) – Held: “may” occurring in sub-
Rule (2) of r.135 be read as “shall” – Interpretation of Statutes.
[2020] 10 S.C.R. 596
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Research and Analysis Wing (Recruitment, Cadre and
Services) Rules, 1975 – r.135 – Compulsory retirement under –
Safeguards of Art.311, if attracted – Held: Compulsory retirement
without anything more does not attract Art.311(2) – Action u/r.135
is not governed by Art.311 nor it offends the same – Thus, an action
taken u/r.135 need not be preceded by the safeguards provided
u/Art.311 as such – Principles of natural justice – Constitution of
India – Art.311.
Research and Analysis Wing (Recruitment, Cadre and
Services) Rules, 1975 – r.135 – Compulsory retirement under, if
same as dismissal/removal – Held: Effect of any action taken
u/r.135 does not entail any penal consequence for the employee –
Therefore, it cannot be put at the same pedestal as an action of
dismissal or removal – Service Law.
Research and Analysis Wing (Recruitment, Cadre and
Services) Rules, 1975 – r.135 – Action of compulsory retirement, if
violates Art.14 – Held: No – Constitution of India – Art.14.
Service Law – Deputationist and a direct recruit – Difference
between – Discussed – Research and Analysis Wing (Recruitment,
Cadre and Services) Rules, 1975 – r.135.
Research and Analysis Wing (Recruitment, Cadre and
Services) Rules, 1975 – r.135 – Challenge in reference to Art.309 –
Held: Rules framed u/Art.309 governing conditions of service are
subject to other provisions of the Constitution including Art.311 –
However, this subjection clause shall not operate upon the rules
governing compulsory retirement – Constitution of India – Arts.309,
311.
Constitution of India – Art.309, 311 – Scope of – Discussed.
Interpretation of Statutes – “security” used in r.135 as
distinguished from “security of the State” used in Art.311 – Purport
of – Discussed – Constitution of India – Art. 311.
Fundamental Rule 56(j)– Distinction between FR.56(j) and
r.135, 1975 Rules – Discussed – Research and Analysis Wing
(Recruitment, Cadre and Services) Rules, 1975.
NISHA PRIYA BHATIA v. UNION OF INDIA & ANR.
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SUPREME COURT REPORTS
[2020] 10 S.C.R.
Central Civil Services (Pension) Rules, 1972 – r.9 – Raison
d’etre of – Discussed – Research and Analysis Wing (Recruitment,
Cadre and Services) Rules, 1975 – r.135 – Constitution of India –
Art.309.
Central Civil Services (Pension) Rules, 1972 – r.9, if overlaps
with r.135 – Held: No – Research and Analysis Wing (Recruitment,
Cadre and Services) Rules, 1975 – r.135.
Intelligence Organisations (Rest

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