ANJU BALA Vs. GAIL (INDIA) LIMITED

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby to quash and set aside the impugned memorandum No.CO/HR/Disc./D142/2016 dated 02.08.2016, inquiry report dated 28.03.2017, orders dated 31.05.2017, 23.08.2017, 11.04.2018 and 06.12.2018.

(2.) Further seeks direction thereby directing the respondents to re-instate the petitioner back in service with all consequential benefits.

(3.) Brief facts of the case are that the petitioner joined the respondent company as Management Trainee (E-1) w.e.f. 01.06.2002. She got promotions as Senior Officer in E-2 Grade, Dy. Manager in E-3 Grade and Manager in E-4 Grade w.e.f. 31.05.2003, 01.04.2008 and 01.04.2014 respectively. She was granted child care leave for the period from 16.03.2015 to 12.02.2017. But she joined the duty w.e.f. 12.02.2016. She again applied for Child Care Leave for the period from 25.04.2016 to 25.10.2016 as the daughter of the petitioner was suffering from Psoriasis and Bronchitis and was in need of emergent care, attention and treatment. Accordingly, the leave was sanctioned to the petitioner unconditionally. But as in view of strained relation of the petitioner with her ex-husband and being single mother having no support from any corner, she was receiving threats from dreaded criminals. Thus, was left with no alternate, but to explore the possibility and option for treatment of her daughter at some safe place/location. Since, the employer of the petitioner, particularly the respondent No.4 was also involved with those who were exploiting the petitioner and were sharing all information about her with them, she was looking for the option for treatment of her daughter in foreign country also. In the fray, she sought appointment with the best dermatologist at St. Teresa Hospital. The copy of mail dated 03.06.2016 (05:18 p.m.) is reproduced as under: