ANITA SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In this case, the petitioner has prayed for issuance of a writ of certiorari quashing and setting-aside the impugned order dtd. 24/8/2020, Annexure No.1, by which the respondent No.7 has given compulsory retirement to the petitioner. She assails the order passed by the Committee of Management of the BSM (PG) College, Roorkee, which is affiliated to the Hemwati Nandan Bahuguna Garhwal University (hereinafter referred to as "the University" for brevity).

(2.) The facts of the case are not in dispute at this stage. The petitioner was appointed as a Lecturer in English in the BSM PG College, Roorkee in District Saharanpur (now Haridwar). After the creation of the State of Uttarakhand on 9/11/2000, the BSM (PG) College, Roorkee was functioning within the State of Uttarakhand. On 19/1/2015, an inquiry committee was setup by the Committee of Management of the BSM (PG) College, Roorkee, District Haridwar regarding certain alleged misconduct against the petitioner. The allegation was that the petitioner while remaining absent in the college, attended a seminar on 30-31/3/2012 in Lansdowne, and despite being out of station simultaneously put her signature in the relevant attendance register. However, such inquiry never came to its logical conclusion. On 11/2/2019, the respondent No.10 sent a letter bearing No.236/2018-19 dtd. 11/2/2019 stating therein that he gave a report to the Secretary of the Committee of Management of the said college. It is alleged that the petitioner was not properly heard and not given an opportunity of representing her case before the respondent No.10. On 16/2/2019, being aggrieved, the petitioner, sought information under the Right to Information Act, 2005 from the respondent No.10. On 20/8/2020, for the first time, a notice was issued to the petitioner with a direction to appear before the Principal of the college on 21/8/2020 at 12.00 noon. On 21/8/2021, the petitioner appeared before the Principal, and prayed for 15 days' time to place her defence. On 24/8/2020, the Inquiry Committee issued the order of compulsory retirement against the petitioner. Hence, this writ petition.

(3.) The primary arguments advanced by Mr. Piyush Garg, the learned counsel for the petitioner, are as follows:-