NARENDRA YADAV LATE KISHANLAL YADAV Vs. CHIEF MUNICIPAL OFFICER MUNICIPAL COUNCIL AND APPELLATE AUTHORITY/COLLECTOR

JUDGEMENT

(1.) THIS petition was originally filed by Smt. Sakun Bai who passed away during the pendency of this petition on 25/8/2004 and the present petitioner has been brought on record. However, for convenience hereinafter the petitioner would mean the original petitioner Smt. Sakun Bai.

(2.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner is seeking quashment of her termination order Annexure-R/5 which has been affirmed by respondent No. 2 in appeal and the appeal of the petitioner has been dismissed vide Annexure-P/4 dated 29/9/1999.

(3.) THE unfolded facts are that vide order dated 15/1/1985 the petitioner was appointed on compassionate basis on the post of Peon. It was complained by the petitioner that she is ill as a result of which on 15/9/1997 she submitted an application to obtain leave. However, without obtaining the order of sanctioning the leave, she proceeded for the leave. After she became medically fit she submitted her joining on 28/10/1998. But, she was informed on 30/10/1998 that vide order dated 3-4-1998 her services were terminated on account of unauthorised long absence. The petitioner assailed the order of her termination by preferring an appeal to the Collector which has been dismissed by the impugned order Annexure-P/4 dated 29/9/1999. Hence this petition.