DEVAMMA Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) This intra Court appeal under Sec. 4 of the Karnataka High Court Act, 1961, has been filed by the appellant against an order dtd. 19/7/2021 passed by the learned Single Judge by which the writ petition preferred by the appellant challenging the order dtd. 16/12/2015 by which her services were terminated from the post of Anganawadi Assistant, has been dismissed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the appellant was appointed on 9/4/1996 as an Anganawadi Assistant in Musandihal Village, Godabanahal Post, Chitradurga District. It appears that some complaints were made against appellant with regard to her behaviour. Thereafter, memorandum dtd. 31/12/2014 was issued to the appellant by which she was warned about her conduct. Thereafter, a show cause notice dtd. 26/2/2015 was issued to the appellant for remaining unauthorisedly absent from her duties. The appellant neither supplied any reply to the aforesaid notice nor even after a lapse of eight months she attended her duties and remained unauthorisedly absent. Thereafter, a final notice dtd. 16/10/2015 was issued. The appellant neither responded to the aforesaid final notice nor returned for duties. Thereupon, by an order dtd. 16/12/2015, the services of the appellant were terminated. The appellant challenged the aforesaid order in a writ petition before the learned Single Judge who by an order dtd. 19/7/2021, has dismissed the writ petition.

(3.) The learned Single Judge, from the conduct of the appellant in not responding to the notices and in remaining continuously unauthorisedly absent for a period of more than eight months without any intimation, has rightly concluded that the appellant had voluntarily abandoned her services. Therefore, we do not find any ground to differ with the view taken by the learned Single Judge.