K.J. SRIMALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the order passed by respondent No.3 and 4 dated 13.04.2009 and 18.04.2009 vide which the petitioner has been compulsorily retired from her services as Children Development Project Officer, Class-II, Lakhtar, Surendranagar and consequently discharged from services vide order dated 18.04.2009.

(2.) Brief facts of this case are that petitioner was appointed as Supervisor on 26.12.1980 by the respondent authorities at Chotila, Surendranagar and later on by way of direct selection, the petitioner was selected as Child Development Project Officer, Class-II on 23.11.1985. The petitioner was transferred to Mahemdabad, District Kheda on 26.07.1996 where she performed her duties till 2003. During service of the petitioner, on 20.11.2006, a show-cause-notice/charge-sheet was given to the petitioner for alleged incident which had taken place in the year 1997. It was allegation against the petitioner that she was negligent in discharge of her duties. The petitioner was served with a show-cause-notice with an information that if any of the charges are proved, then the following punishment could be imposed upon the petitioner.

(3.) It is further the case of the petitioner that no notice or charge-sheet regarding compulsory retirement was issued to the petitioner at the relevant time. The petitioner submitted a detailed written reply in her defence. An inquiry officer was appointed to conduct inquiry. Out of the four charges levelled against the petitioner, she was found guilty for one charge and partly guilty for the other. On the basis of report of the inquiry officer, respondent No.3 passed the impugned order dated 13.04.2009, vide which the petitioner was compulsorily retired from her services as Child Development Project Officer, Class-II. Consequently, on 18.04.2009 the petitioner was discharged from her services.