ASHABEN R.SHIVDASANI Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) The petitioner in this petition has come against the impugned order dated 11.12.1990 which has been passed by the respondent authorities and confirmed by the Appellate Tribunal.

(2.) The petitioner was appointed as Jr. Clerk under District Education Officer, Surat on 13.11.1975. During service, an allegation was raised against the petitioner that she has remained absent from duty and a show-cause notice came to be issued. In response to this show-cause notice, the petitioner submitted that she has applied for maternity leave, and thereafter, extraordinary leave in continuation from 9.4.1983 to 4.2.1985. Her leave period for 9.4.1983 to 8.1.1984 was sanctioned by respondent no. 1 as Leave Without Pay and it was confirmed on 16.2.1989. That because of the reasons beyond the control of the petitioner, the petitioner has to further proceed on leave for personal ground by her leave report dated 29.8.1987. It is the case of the petitioner that at no point of time, the petitioner's leave was cancelled nor the petitioner was informed that her leave has not been granted and she was directed to resume her duties. The petitioner is having two children and due to various problems, including health problem of children, she was required to go for extraordinary leave. Under the circumstances, on 19.5.1989 as well as on 20.5.1989, the petitioner went to resume her duties but was not allowed, and on the contrary, a charge-sheet came to be issued against the petitioner on 7.2.1990. It was mentioned in the charge-sheet that her leave for the period from 9.4.1983 to 4.2.1985 has been cancelled because she has not submitted medical certificate. As the petitioner was not allowed to resume her duties, she sent three reminders through her advocate on 9.6.1989, 18.9.1989 and 26.7.1989 and requested the authorities to permit her to resume duty but no avail. It is further the case of the petitioner that after issuance of charge-sheet and submission of reply, without holding disciplinary proceedings and without holding inquiry, she was dismissed from service with effect from 11.12.1990 vide order dated 11.12.1990. It is the case of the petitioner that as the respondents authorities was imposing major penalty upon the petitioner, the petitioner was required to be heard before passing the order.

(3.) Earlier, the petitioner has approached this Court by filing Special Civil Application No. 6420/1991. However, this Court vide order dated 25.7.2000 has dismissed the said petition as alternative remedy was available to the petitioner. Thereafter, the petitioner preferred an appeal before the appellate authority, however, the appeal came to be dismissed somewhere in Jan., 2004. Aggrieved from the order of Appellate Authority, the petitioner has approached the Gujarat Civil Services Tribunal, Gandhinagar by filing petition, which came to be dismissed on merits vide order dated 15.9.2004. Thereafter, the petitioner seems to have preferred review application which came to be dismissed on 23.2.2005. Aggrieved from the order passed by the Tribunal, the petitioner has approached this Court by filing present petition.