SWATI BHALCHANDRA NILEGAONKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with consent of the parties, Petition is taken out for fnal hearing.

(2.) Petitioner assails judgment and order dtd. 13/3/2019 passed by the Central Administrative Tribunal (Tribunal) in Original Application (O.A.) No. 172/2017. In her O.A., Petitioner had challenged order dtd. 6/2/2013 imposing the penalty of removal from service, as well as the order of the Appellate Authority dtd. 24/7/2015 rejecting the Appeal. By the judgment and order impugned in the present petition, the Tribunal has proceeded to dismiss the O.A.

(3.) Petitioner was working with Dr. Babasaheb Ambedkar Central Railway Hospital, Byculla on the post of Assistant Nursing Ofcer and had put in around 26 years of service. Petitioner decided to contest the Assembly Elections and accordingly tendered application dtd. 16/9/2009 for voluntary retirement. However, within a week of submission of application for voluntary retirement, she fled nomination form for contesting the Assembly elections on 24/9/2009. She went ahead and contested the Assembly Elections from Khed Alandi constituency held on 13/10/2009 without waiting for outcome of the result of her application for voluntary retirement. No decision was taken on her application for voluntary retirement and by letter dtd. 12/11/2009, she was informed that her request was under consideration and that she would have to attend duties till sanction of the same by the Competent Authority. Petitioner lost the elections and joined duties.