STATE OF PUNJAB Vs. LALITA

JUDGEMENT

(1.) Leave granted.

(2.) The State of Punjab and its functionaries have preferred this appeal by special leave being aggrieved by the order dated November 30, 2007 passed by the High Court of Punjab and Haryana whereby it allowed the writ petition filed by the present respondent and set aside the order dated February 07, 2007 passed by the appellate authority and imposed cost of Rs. 25,000/- upon the present appellants.

(3.) Smt. Lalita respondent was engaged as a Telephone Operator for 89 days in the office of Head Officer, Excise and Taxation Department on March 7, 1996. On May 22, 2003, she applied for medical leave for a period of one month i.e. upto June 21, 2003. The said application for medical leave was granted without pay. She did not join her duties on expiry of leave but continued to apply for further leave including the maternity leave from September 16, 2003 to March 16, 2004. Having remained absent for almost nine months, initially, she was given a show cause notice dated March 16, 2004 and later on she was served with a charge sheet on June 4, 2004 under Rule 8 of Punjab Civil Services (Punishment and Appeal) Rules, 1970 (for short "Rules, 1970") for imposition of major penalty. An inquiry officer was appointed to inquire into the misconduct of delinquent viz.; unauthorized absence; negligence of duty and highly irresponsible and careless behaviour. The respondent denied the allegations made in the charge sheet. The inquiry officer after recording the evidence and on the basis of the material submitted before him concluded that the delinquent remained on willful absence unauthorisedly. The enquiry report was furnished to the respondent and a second show cause notice issued on December 23, 2004 by the disciplinary authority as to why she be not removed from service. The respondent submitted a reply to the show cause notice on December 31, 2004. After taking into consideration her reply, on February 3, 2005, an order came to be passed by Excise and Taxation Commissioner, Punjab removing the respondent from service.