LAWS(BOM)-2005-3-90

SHASHIKALA VICTORE PETER Vs. CHIEF EXECUTIVE OFICER

Decided On March 17, 2005
SHASHIKALA VICTOR PETER Appellant
V/S
CHIEF EXECUTIVE OFFICER Respondents

JUDGEMENT

(1.) BY this petition, the petitioner is challenging the order of her compulsory retirement dated 8/7/1991 passed by the Chief Executive Officer, Zilla Parishad, Jalgaon.

(2.) IT appears that the petitioner had joined the services in Zilla Parishad, jalgaon on 3/12/1966 and she was working as Auxiliary Nurse Midwife. In the year 1980, a show cause notice was given to her on account of her absence from duties from the headquarters and negligence in the work. The petitioner did not reply the said notice and ultimately, the authority had punished her by stopping one increment from her pay scale. It appears that the respondent Zilla Parishad again did not find the conduct as well as functioning of the petitioner satisfactory and accordingly issued a charge sheet on 18/9/1990 with following three charges: i. Irregular and absolutely unsatisfactory performance despite being warned in writing, ii. Disobedience and defiance of the superiors and iii. Prolonged absence from head quarters.

(3.) WITH regard to the aforesaid three charges all details and particulars were furnished to the petitioner. The petitioner had submitted a detailed response to the said charges. After appointment of an Enquiry Officer, a full-fledged enquiry was conducted by the respondent Deputy Chief Executive officer (Village Panchayat) of the same Zilla Parishad. She was afforded full opportunity to defend her case with regard to the charges levelled against her.