DARSHANA R DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the order dated 1/3.3.1997 passed by the Director of Medical Services, Employees State Insurance Scheme, Ahmedabad on 28.2.2000 and further seeking direction to the respondents, to reinstate the petitioner in service to her original post of Staff Nurse under the Superintendent, Medical Services, Employees State Insurance Scheme, General Hospital, Bapunagar, Ahmedabad, with all back wages and all other consequential benefits including that of seniority, promotion etc. The petitioner has also prayed for quashing and setting aside the judgment and order delivered by the Gujarat Civil Services Tribunal, Gandhinagar in Appeal No.380/1997 dated 21.12.1998 and in Review Application No.1/1999 dated 30.4.1999 confirming the order of the Director of Medical Services and removing the petitioner from service.

(2.) It is the case of the petitioner that the petitioner was originally appointed as a Staff Nurse and posted at Bapunagar General Hospital on 27.4.1981. The petitioner was made permanent in the cadre of Staff Nurse by order dated 6.12.1989 passed by the Direct of Medical Services, Employees State Insurance Scheme, Ahmedabad. The petitioner's husband was seriously injured in a stabbing which took place during the period of riot in the city of Ahmedabad. Though the petitioner's husband recovered but he was required to take rest for long time and, thereafter, he went to Nairobi to stay with his parents. In the month of July, 1995 while the petitioner was on sick leave, she received a message about serious illness of her husband and immediately she rushed to Nairobi. In the circumstance, the petitioner has after reaching to Nairobi posted application for extension of leave. However, while the petitioner returned to India by April, 1997, it was found that the respondent No.2 has passed order removing the petitioner from service on account of unauthorized absence from duty. On further inquiry, it came to her notice that since the petitioner was found to be on unauthorized absence from 11.7.1995, letter, reminder, show cause notice, charge-sheet etc, were issued against the petitioner for calling upon her to resume duty. However, in absence of response to the said communication, public notice was given in the local newspapers viz. Jansatta Loksatta and Young Leader dated 16.11.1996 and accordingly since she has failed to resume duty within a period of 15 days from the said notice, by passing order dated 1/3.3.1997 the petitioner was treated as relieved from the government service from 11.7.1995.

(3.) Since the decision of the Director of Medical Services, Employees State Insurance Scheme, Ahmedabad, to remove the petitioner from service was taken without following due procedure of law, though the said decision tantamount to imposing major punishment, the petitioner preferred an Appeal before the Civil Services Tribunal, Gandhinagar. In the said Appeal, the petitioner raised several contentions and challenged the order of removal passed by the Director of Medical Services. The Civil service Tribunal, however, came to a conclusion that since the petitioner has shown disregard to call of duty, she was not entitled for reinstatement in service. The Tribunal has held that the petitioner be treated as removed from service with effect from 3.3.1997 instead of dated 11.7.1995. The petitioner thereafter filed Review Application seeking review of the judgment of the Tribunal in Appeal No.380/1997 and the said Review Application No.1/1999 also came to be summarily rejected by order passed by the Tribunal on 30.4.1999.