M C SOLANKI Vs. DISTRICT HEALTH OFFICER

JUDGEMENT

(1.) The appellant herein was appointed as Female Health Worker under respondent No.1 (hereinafter referred to as "the Panchayat"). The appellant was found continuously absent from 1991 and, therefore, after holding inquiry, the appellant was removed from service by an order dated 1st February, 1997. It is required to be noted that appeal could have been filed against that order under the Gujarat Panchayats (Discipline and Appeal) Rules, 1964.

(2.) Before the learned Single Judge, learned advocate appearing in the matter insisted for a decision instead of relegating the petitioner-appellant to alternative remedy and, therefore, the learned Single Judge decided the matter on merits. The request made before the learned Single Judge was that the petitioner could not report for a pretty long period on account of family circumstances and reported only on 12th January, 1996.

(3.) However, as averred, she was permitted to join from 12th January, 1996 with a clear understanding that no disciplinary action would be taken against her for her absence without leave. It was further contended by the learned advocate for the appellant that no copy of the report was supplied and no opportunity was given to her on the question of proposed penalty and, therefore, the impugned order of punishment must be quashed.