SABITA SHOME Vs. UNION OF INDIA

JUDGEMENT

(1.) ON February 21, 1994, the petitioner joined service as a probationer against the post of Specialist Grade-II. The probation was for a period of one year. Neither conformation nor extension of the probation was conveyed to her on completing one year service. She continued to serve and perform duties till April 12, 1998 and thereafter remained unauthorisedly absent from April 13, 1998 to February 17, 2000. In other words she remained unauthorisedly absent for 1 year and 10 months. We highlight that prior thereto she had worked only for 1 year and 2 months

(2.) JOINING back on February 18, 2000, the petitioner was charge-sheeted for the offence of unauthorised absence. During pendency of the inquiry, she submitted a resignation on June 5, 2004 which was accepted by the competent authority on March 29, 2005. The reason for the delay being the petitioner facing a departmental inquiry for a major penalty requiring the department to take a decision whether under the circumstances the petitioner could be permitted to resign or not.

(3.) THE department did not accept request made by the petitioner on June 21, 2006 to withdraw her resignation and this has led to the instant litigation commencing its journey before the Central Administrative Tribunal.