SURINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Learned counsel for the parties have been heard at length.

(2.) The challenge in the present petition is to the order dated 23.4.2010, Annexure P24, whereby the extreme penalty of removal from service has been imposed upon the petitioner. Still further, a prayer has been raised for the issuance of a writ in the nature of mandamus directing the respondent- Department to convert the major penalty of removal from service to that of compulsory retirement.

(3.) The petitioner joined the Department of Social Security and Women and Child Development, State of Punjab on 17.6.1983 as Bal Sevika. She was thereafter promoted to the post of Supervisor vide order dated 4.12.1987. The petitioner apparently applied for leave from 1.5.2001 to 31.10.2001 for proceeding abroad and left the country without getting the leave sanctioned from the competent authority. On account of having remained on leave unauthorizedly, the petitioner was issued a charge sheet dated 16.7.2001. The petitioner chose not to reply to the same. A letter dated 10.7.2001 had also been written to her at her address that had been furnished outside India wherein she had been called upon to furnish requisite medical certificate in support of the leave applied for, but such certificate was never submitted. Vide letter dated 19.2.2003, the petitioner was notified that if she does not re-join duty, then her services would be terminated. The petitioner re-joined duty on 23.4.2003. She again proceeded abroad without getting leave sanctioned from the competent authority from 1.5.2003 onwards. To enquire into the repeated instances of the petitioner having proceeded on unauthorized leave, an Investigating Officer was appointed in terms of order dated 26.8.2003. In response to a notice having been issued by the Investigating Officer in the Punjabi Tribune and English Tribune on 28.10.2003, the petitioner presented herself before such Investigating Officer. In the report submitted by such Investigating Officer, a show cause notice had been issued on 27.2.2004 wherein she had been called upon to furnish her clarification within a period of 21 days of the issuance of the same. No response was forthcoming from the petitioner and instead she again forwarded an application for proceeding on leave from 15.5.2004 to 15.11.2009 i.e. for a period of five years stating that her entire family was now based in America and as such, she also intends to settle abroad. Such application was rejected in terms of communication dated 10.6.2004. However, the petitioner again proceeded abroad without getting the requisite leave sanctioned from 17.5.2004 to 4.11.2004. It was against such factual backdrop that the Director, Social Security and Women and Child Development, Punjab after having afforded an opportunity of personal hearing to the petitioner passed the order dated 27.1.2005 imposing the penalty of major punishment of removal from service.