Delhi High Cour voices shock at severe penalty on childcare leave

NEW DELHI: THE Delhi High Court has set aside an order reducing the pay of a Central Secretariat Service officer for three years due to her child care leave, saying the punishment shocks the conscience of this court. A bench of justices Madhu Jain and Navin Chawla made the observation in an order passed on November 20 on a petition filed by one Ritu Ravi Prakash, who was serving as an Assistant Section Officer in Central Secretariat Service, that provides staffing and support to the central governments ministries and offices. The bench said that the reduction of pay by two stages for three years, with denial of increments and consequential effect on future progression, was manifestly disproportionate to the alleged misconduct. The allegations do not involve moral turpitude, corruption, financial irregularity, or any act prejudicial to the integrity of service. They stem entirely from the petitioners effort to avail CCL (child care leave) for her minor daughters. The punishment, therefore, shocks the conscience of this Court, the bench said. Prakashs daughters, born in 1995 and 1998 respectively, were pursuing studies in Classes X and XII during 201216, and the petitioner had applied for CCL for their examinations and related needs. The leave, however, was not sanctioned on the occasions, and the subsequent period of her absence from duty became the subject of disciplinary proceedings. The bench said that while it was trite that leave, including CCL, cannot be claimed as a matter of right, it is equally well settled that the power to sanction or decline such leave must be exercised reasonably, having due regard to the object and purpose for which the CCL was introduced. In the present case, the bench noted that though the department had placed reliance on the plea of staff shortage, however, no contemporaneous record or administrative assessment was produced to substantiate such claim.