MANJU TOMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition challenges the validity and correctness of the order of termination dated 13/14.12.1999 passed by Assistant Commissioner, Kendriya Vidyalaya Sangathan, which reads thus :

(2.) Contention of the learned counsel for petitioner is that the aforesaid order is stigmatic as probationary services of the petitioner have been terminated without any enquiry or affording any opportunity of being heard to the petitioner. In this regard, he has referred to letter dated 17.11.1999 issued by the Principal appended as annexure no. 2 to the writ petition , which shows that petitioner Smt. Manju Tomar had been absenting from duties since 28.10.1999; that she had joined on 7.1.1998 and had worked only for 66 days upto 17.11.1999. After noting that she is habitually negligent in respect of the duties, she has been directed to report for duty immediately. According to the counsel for petitioner, this letter dated 17.11.19999 is the basis for passing of the impugned order of termination dated 13/14-12-1999 and that an appeal dated 3.1.2002 had been preferred by the petitioner challenging the order of her termination which has been decided by the Deputy Commissioner (Administration), Kendriya Vidyalaya Sangathan/appellate authority vide order dated 3.4.2002 appended as annexure no. 5 to the writ petition.

(3.) The appellate authority after considering the pleas taken by the petitioner in her appeal, disposed it of in compliance of the order dated 19.12.2001 of the Central Administrative Tribunal, Bench Allahabad, Allahabad in O.A. no. 311 of 2000. Disposing of the appeal, the appellate authority has recorded findings of fact that after expiry of leave on 27.10.1999, the petitioner remained on unauthorised absence from duties, due to which Physical Education of the children was badly hampered; that her work place was under a project sector where project authority was to bear the entire expenditure (recurring and non-recurring) and that before termination of her services, she had been given a reasonable opportunity by the Principal by directing her to report for duty immediately but inspite of it she did not join her duties.