MALAYA SAIKIA Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) By means of this writ petition, the petitioner has questioned the departmental proceeding that was initiated against her with imposition of penalty of compulsory retirement by Annexure-7 order dated 18.05.2006 followed by rejection of her appeal by order dated 18.03.2010 (Annexure-10(a)). The petitioner was charged with imprudent moral turpitude with the following allegations.

(2.) In due course, the disciplinary authority being not satisfied with the written statement of defence submitted by the petitioner conducted an enquiry by appointing an enquiry officer. It appears that the enquiry officer was entrusted to conduct the enquiry in respect of both the delinquents, i.e. the petitioner and the other person, namely Shri K.R. Nag who was holding the post of Addl. PF Commissioner with whom the particular allegation was levelled against the petitioner.

(3.) On conclusion of the enquiry, the enquiry officer submitted his report dated 08.02.2006 holding the charge against the petitioner to have been established. Thereafter the disciplinary authority imposed the penalty of compulsory retirement on the petitioner by the impugned order dated 18.05.2006 which was upheld by the appellate authority by its order dated 18.03.2010.