KOKILABEN UKABHAI MEWADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Kurven Desai, learned AGP appearing for the State and Mr. H.S. Munshaw, learned advocate for the respondent no. 4 waive service of notice of rule.

(2.) The petitioner - a Mukhya Sevika who retired from service on attaining the age of superannuation on 31/7/2017 has prayed for a direction to be issued to the respondents to pay her regular pension, arrears of pension, gratuity amount, leave encashment and other benefits to her.

(3.) Facts in brief would indicate that the petitioner was appointed as a Mukhya Sevika on 10/3/1988. On 22/1/2016, she requested the District Development Officer, District Panchayat, Bhuj for voluntary retirement on the ground of her ailing mother aged 85. It appears that after the application was so made, she did not report for duty on 19/2/2016 and she was asked to report for duty immediately. A charge-sheet was issued on 31/7/2017 - the date of her retirement. Charges in question were to the effect that the petitioner had remained absent unauthorizedly for the period from 22/2/2016 to 2/3/2017 - for a period of 404 days and that she had demanded money from her subordinates. An inquiry was conducted and the inquiry officer submitted a report on 15/11/2019 exonerating the petitioner of charge of demanding money from her subordinates. However, it was held that the charge of unauthorized absence of period of 404 days was proved. Copy of the report was furnished to the petitioner on 15/11/2018 and a communication dtd. 3/1/2019 was addressed to the petitioner asking her to show cause as to why the petitioner not be penalised for charge of having remained unauthorizedly absent for 404 days being proved. After 3/1/2019 and after a response given by the petitioner on 25/1/2019, no action has been taken on the show-cause notice and the inquiry report. Hence the present petition.