ASHA SETIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Order Annexure P.2 dated 21.2.1991, whereby the Governor of Haryana extended the period of probation of the petitioner on the post of Programme Officer, as also the order Annexure P.6 dated 13.6.1991, whereby the petitioner has been reverted from the post of Programme Officer to that of Child Development Project Officer, have been challenged in this writ petition filed under Article 226 of the Constitution of India.

(2.) The petitioner was appointed as Child Development Project Officer on ad hoc basis with effect from 17.8.1982 in the Social Welfare Department of the Government of Haryana. Her service was regularised in the cadre of Child Development Project Officers vide order dated 11.3.85. Thereafter the petitioner was promoted as Programme Officer vide order Annexure P.1 dated 21.1.1989. By Annexure P.2 dated 21.2.1991 the Governor of Haryana extended the period of probation of the petitioner for one year under rule 10(3)(b)(ii) of the Haryana Social Welfare Department and Relief Organisation Class II Service Rules, 1975 (for short '1975 Rules'). Against the order Annexure P.2 the petitioner made a representation dated 11.3.1991 and requested that the said order be withdrawn. Subsequently, by Annexure P.6 dated 13.6.1991 the petitioner has been ordered to be reverted from the post of Programme Officer to that of Child Development Project Officer.

(3.) During the course of her working as Child Development Project Officer a number of enquiries were initiated against the petitioner. In respect of an enquiry initiated vide Memo. dated 18.9.1.987 issued under Rule 7 of the Punishment and Appeal Rules, which was subsequently converted into one under Rule 8 of the Punishment and Appeal Rules, order Annexure P.4 was issued on 16.5.1989 by the Director, Social Welfare, Haryana and the petitioner was punished with the penalty of 'censure'. In respect of Memo. dated 10.1.1991 issued under Rule 8 of the Punishment and Appeal Rules, the Director, Social Welfare, Haryana, passed the order dated 10.4.1991 and ordered recovery of a sum of Rs. 1875.63 from the pay of the petitioner. Apart from these two punishments, two show-cause notices were issued to the petitioner in the year 1990 proposing action against her under Rule 8 of the Punishment and Appeal Rules. In additional to the punishments and the disciplinary proceedings initiated against her, vide order dated 28.10.1990 she was suspended. After over five months, she was reinstated vide order dated 3.1.1991.