NADA DUMI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. K. Tari, learned counsel for the petitioner and Ms. R. Basar, learned Junior Government Advocate appearing for the respondent nos. 1 and 2.

(2.) By filing this writ petition, the petitioner has challenged the order, dtd. 24/4/2020 (Annexure-7), by which, she has been terminated from service in the post of Peon, under the establishment of Deputy Commissioner, Lower Subansiri District, Arunachal Pradesh by invoking the proviso to Sub-rule (1) of Rule 5 of the Central Civil Services (Temporary service) Rule, 1965 (Temporary Service Rules).

(3.) The case of the petitioner, in brief, is that she was appointed to the post of Peon in the Office of the Deputy Commissioner, Lower Subansiri District, Ziro, (Respondent no. 2), vide order, dtd. 30/10/1996 and was serving as such, until a Show Cause Notice, dtd. 11/4/2014, was issued to her, stating that she had remained absent from duty without the permission of the competent authority w.e.f. 30/10/2013 till the date of issuance of the Show Cause Notice and therefore, she was asked to report for duty within 7 (seven) days from the date of the Show Cause Notice, failing which, necessary action will be initiated against her. The unauthorized absent period was to be treated as "dies non" for all purpose, namely, increment, leave and pension, under Rule F.R.18. The Show Cause Notice was not received by the petitioner in time but she nevertheless submitted her reply on 25/6/2014, stating that she was on Earned Leave up till 29/3/2013 and was to join on 30/10/2013. However, before joining, she fell seriously ill and had to be taken to Guwahati for further treatment. Therefore, she requested that she be absolved from "dies non" and other action.