RAJBALA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ram Shiromani Misra, learned counsel for the petitioner and learned Standing Counsel representing the State.

(2.) THE petitioner, an erstwhile Assistant Sub Inspector (Ministerial) working in 41st Battalion, P.A.C., Ghaziabad has assailed the order of removal dated 13.1.2006 passed by the D.I.G., P.A.C., Meerut Range, Meerut and subsequent orders passed by the appellate and revisional authorities. It was a case of a lady police official who was a widow unknowingly, remarried to her junior colleague one constable (M) Ajeet Singh who was alleged to be already married to someone, In place of awarding a minor penalty as provided under Rule 29 of the U. P. Government Servant Conduct Rules, 1956, the petitioner has been dismissed from service. THE punishment was too harsh and it did not commensurate to the charges levelled against her. Sub-rule (3) of rule 29 of the above said rule itself provides for awarding a minor penalty of withholding of an increment for three years if the Government servant violates the provisions contained in sub-rules (1) and (2). THE widow with two minor children could not get herself resettled in life, rather lost her job which was provided to her on compassionate ground after death of her first husband, a police personnel.

(3.) THE Enquiry Officer completed the enquiry and submitted the report on 15.9.2005 holding the petitioner guilty of the charges. THE Enquiry Officer had recommended dismissal of the petitioner from the service. THEse findings were approved and a show cause notice was issued on 25.11.2005. THE petitioner filed a Writ Petition No. 76193 of 2005 in this Hon'ble Court seeking quashing of the proceedings and show cause notice. This Court had ordered for completing the enquiry within a stipulated period. THE reply to the show cause notice was submitted on 22.12.2005. Several decisions of Hon'ble Apex Court and this Court were cited before the concerned officer. THEse cases supported the case of the petitioner. Without considering the reply submitted by the petitioner, D.I.G. of Police, Meerut had passed the final order of penalty on 13.1.2006 dismissing the petitioner from service.