ROOPA. R. JOSHI Vs. UOI

JUDGEMENT

(1.) THE petitioner, a former member of the Indian Economic Service (IES), is aggrieved by the order of the Central Administrative Tribunal (CAT) dated 04.11.2011 in O.A. 1209/2010. She approached the CAT, feeling aggrieved by the order issued by the Central Government, dismissing her from service on proven misconduct of unauthorized absence for 4 years, and travelling abroad without intimating the Central Government, the first respondent.

(2.) THE brief facts of the case are that the petitioner, an IES member, was posted as Adviser in the Telecom Regulatory Authority of India (TRAI), the second respondent. She was granted earned leave for 60 days, with effect from 18.08.2003 to 16.10.2003 on personal grounds, by an office order dated 14.08.2003 with the advice to report to Member -Secretary, Tariff Commission, the third respondent. On expiry of leave, she did not rejoin; instead she sent an application dated 13.10.2003 requesting extension of leave without pay till 15.3.2004. The reason for extension claimed by her was her mother 's ill health. Again extension of leave was sought till 15.09.2005 by another application dated 12.09.2004; this time it was stated that the petitioner as well as her mother were unwell. During the course of departmental proceedings, the petitioner could not substantiate the claim of her sickness or the ill health of her mother, nor was any supporting material forthcoming. The first respondent, through letters dated 25.10.2004, 10.01.2005,

(3.) THE respondents initiated major penalty departmental proceedings, alleging misconduct on two articles of charge which read as under: