UNION OF INDIA Vs. DARSHANA DEVI

JUDGEMENT

(1.) The writ petition has been filed by the Union of India through Secretary, Ministry of Defence and its functionaries challenging the order dated September 21, 2010 passed in Original Application No.1237/2010 whereby the Tribunal had modified the penalty of 'removal from service' imposed on the respondent to that of reduction to lower time scale of pay for a period of three years with cumulative effect, to be operated from July 26, 1999 by reinstating the respondent in service with effect from July 27, 1997 with all consequences except back wages within a period of two months.

(2.) The relevant facts are, the respondent was appointed as Ward Sahayika in Army Hospital (R&R Delhi Cantt.) on November 12, 1990 in the pay scale of Rs. 775-1025. The terms of appointment stipulated that the respondent would be on probation for a period of two years.

(3.) On September 07, 1991 a show cause notice was issued to the respondent seeking her reply as to why her services be not terminated in the light of complaint received from the Sister-incharge A-8 Ward for the following misconduct: