RENU KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) At the outset we may note that in the writ petition the petitioner has not challenged the findings returned by the Inquiry Officer and yet the order dated December 12, 2012 passed by the Appellate Authority has been challenged; and we would highlight that the petitioner has not challenged the order dated May 24, 2012 passed by the Disciplinary Authority levying the penalty of removal from service though said order has been annexed as Annexure-A to the writ petition. The charge against the petitioner was of not reporting for duty at the Delhi Metro Rail Corporation Office at Shastri Park on October 13, 2011 and of breaching the discipline by bypassing the proper channel and seeking interview with the I.G. (North) and thereafter continuing to absent herself and not even receiving a letter dated November 19, 2011 requiring her to re-join duties and finally obtaining a medical unfitness certificate which was contrary to the true facts.

(2.) At the inquiry, PW-1, Lady Insp. Satyawati Yadav, proved having prepared the movement order and the petitioner not joining DMRC as per the order and when an attempt was made to serve the petitioner with the letter dated November 19, 2011 she refused to accept the same. Ct. B.S. Salve PW-2 deposed that when he went to serve the movement order dated October 12, 2011 the petitioner did not receive the same. SI Moti Lal PW-3 deposed that another attempt made to serve the petitioner with the movement order on October 19, 2011 was frustrated by the petitioner. And we need not note further testimonies.

(3.) We find that the petitioner had earlier on filed WP(C) No. 7823/2011 in response whereto it was pointed by the respondents that due to continuous unauthorized absence the petitioner was suspended on November 03, 2011.