UNION OF INDIA Vs. MAYA DEVI

JUDGEMENT

(1.) This appeal arises out of a judgment passed by the learned single judge in a writ petition filed by the respondent challenging the decision of the competent authority in imposing a major penalty of compulsory retirement from service.

(2.) The writ petitioner was initially appointed as a female attendant on 11/7/2002 in the Assam Rifles on compassionate ground in place of her husband (L) Nirmal Kumar Singh, who had predeceased her and who, during his lifetime, was personnel of the Assam Rifles and lost his life in the line of duty in an avalanche in the year 1992.

(3.) In the course of her work, the writ petitioner took leave for 26 days, including two days of earned leave and six days transit leave from 1/10/2010 to 26/10/2010. On the prayer made, the writ petitioner was allowed extension of leave till 15/11/2010 for a further period of 20 days. Admittedly, the writ petitioner could not resume her duties on the expiry of the said leave for which she received a letter No. 14043/A/2010/473 dtd. 23/12/2010, issued by the respondent authority requesting her to resume duty immediately.