DEEPA DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against an order dated 6.9.2010 in W.P.No.7403/2010(S) by which the learned Single Judge dismissed the writ petition filed by the appellant challenging the orders dated 29.4.2010 and 2.6.2010 for convening proceedings under Article 171(B) of the Army Welfare Education Society Rules and Regulations for departmental inquiry.

(2.) THE learned counsel appearing for the respondents raised a preliminary objection that in Writ Appeal No.380/2010, a Division Bench of this Court on 24.6.2010 has decided the matter. THE Division Bench has permitted respondents to continue with the Departmental Inquiry and the appellant has been permitted to raise all contentions before the Inquiry Officer. So filing of writ petition and this appeal are futile and the respondents may be permitted to continue with the departmental proceedings as directed by an order dated 24.6.2010 in W.A.No.380/2010.

(3.) THE appellant is a teacher engaged in Army School No.1, Grenadiers Regimental Centre, Jabalpur. She was placed under suspension by an order dated 19.3.2010 in contemplation of a departmental inquiry. Later, on 26..3.2010, the appellant was served with a charge-sheet Annexure P/4 with covering letter Annexure P/3. THE appellant was charged with the allegations of violating the provisions of Rule 82 (c) (vii), (d) (I) and 83(d) (vii) of Red Book- AWES Volume-1 (Rules and Regulations for Army School/Army Public School-Silver Jubilee Ed. (1983-2008).For ready reference, the charges leveled against the appellant are reproduced as under: