LAWS(DLH)-2006-11-80

USHA WADHWA Vs. RESERVE BANK OF INDIA

Decided On November 01, 2006
USHA WADHWA Appellant
V/S
RESERVE BANK OF INDIA Respondents

JUDGEMENT

(1.) In this writ petition, the petitioner has called into question the disciplinary proceedings dated 01.07.2002, dismissal order dated 24.04.2003, the Appellate Authority order dismissing the appeal dated 24.12.2003 and she has further prayed that she be reinstated with full arrears of salary, allowances, continuity of services and all other consequential benefits which she would have earned if she had not been illegally dismissed. The petitioner was appointed as part time lady Bank Medical Officer vide letter of appointment dated 05.06.1982. In the agreement, it was stipulated in para X that the appointment of the petitioner would be terminable on three months notice on either side or three months pay in lieu thereof. She was also permitted to carry out private practice. It was further stipulated in para XII, "You will be entitled to avail yourself of leave on full remuneration for 20 days in a year cumulative upto one month. You will make substitute arrangements acceptable to the Bank during your leave period as also when you are not in a position to attend the dispensary."

(2.) On 22.05.2002, Ramesh Chandra, Regional Director, Reserve Bank of India issued a show cause notice wherein the petitioner was required to explain her unauthorized absence from work for a total number of 178 days on 81 occasions between 01.01.1999 to 31.03.2002 in breach of Regulation 39 of R.B.I. (Staff) Regulations, 1948 and as to why the disciplinary action should not be initiated against her under Regulation 47 and as per the terms and conditions of the letter of appointment dated 05.06.1982.

(3.) Chargesheet dated 01.07.2002 was given to the petitioner. The paras germane to the present controversy are reproduced as follows :