SMTI PUSHPA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this writ petition under Article 226 of the Constitution of India. The petitioner has put to question an order of penalty dated 31.12.2014, by which, she was removed from her service after a disciplinary proceeding. The said order was unsuccessfully challenged by the petitioner by filing a Departmental Appeal as well as a Revision and thereafter, the instant petition has been filed.

(2.) The facts of the case can be briefly stated as follows.

(3.) The petitioner was appointed as Lady Constable (GD) in the Central Industrial Security Force (hereafter 'CISF') and was posted at the Oil India Limited, Duliajan. The petitioner and her family, who are originally from Bihar, were residing at the Official Quarter at Duliajan. While in duty, the petitioner was placed under suspension vide an order dated 19.02.2013, contemplating a disciplinary proceeding on the charge of unauthorized absence of 40 (forty) days. In the enquiry so held, the petitioner had admitted the charge and taking into consideration the facts and circumstances of the case, a final order of penalty dated 09.03.2013, was passed by the Disciplinary Authority, whereby, a penalty of reduction in pay scale by 2 (two) stages was imposed upon the petitioner. It was further stated that the petitioner would not be entitled to any financial benefits for the period she was kept under suspension.