K. DURGA BHAVANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) The case of the petitioner is that she was recruited as Sub Engineer in the year 2005 in the 1st respondent company and has been working from then onwards. The petitioner fell sick and applied leave from 5/5/2014 and extended from time to time till her recovery in July 2015 and finally joined duty on 17/8/2015 and her case was referred to Medical Board and the Board certified that her sickness is genuine vide certificate dtd. 19/9/2015. Having received the certificate of the Medical Board, the 4th respondent issued Memo dtd. 29/2/2016 asking the petitioner to explain as to why suitable disciplinary action should not be initiated for proceeding on leave with effect from 5/5/2014 to 30/6/2015. Thereafter, the petitioner submitted her explanation on 14/3/2016 to the 4th respondent explaining her health problems by duly enclosing the Medical certificates and also the certificate issued by the Medical Board certifying her illness has genuine. Being not satisfied with the explanation of the petitioner, the 4th respondent issued show cause notice dtd. 24/12/2016 calling for explanation for the proposed imposition of punishment of stoppage of one increment without cumulative effective besides the treating period of absence from 5/5/2014 to 16/8/2015 as leave to which the petitioner is eligible. Even though the petitioner submitted her detailed explanation to the show cause notice, the 4th respondent passed final order imposing the punishment of 'CENSURE' besides treating the period of her absence as leave vide proceedings Memo No. SE/O/ELR/DE.T/ADM/PO/JAO/C2/D. No. 1281/17, dtd. 6/5/2017.

(3.) Counter affidavit is filed by the 4th respondent denying all the material allegations made in the petition and contended that as per the information (service particulars of Graduate Sub-Engineers as on 31/3/2018) received from Superintending Engineers/Operation Circles and based on certain parameters, the provisional integrated service particulars of Graduate Sub-Engineers as on 31/3/2018, who have acquired BE/B. Tech/AIE in Electrical Branch were prepared.