KIRANJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) As per case of the petitioner, she was appointed as Social Studies Mistress on 89 days basis and thereafter, she was appointed on regular basis on 14.05.1997. She applied for Ex-India Leave for the period from 01.07.2011 to 30.09.2011 to visit Canada to meet her son and to get her daughter admitted in the College/University. Her leave was sanctioned vide order dated 25.05.2011 by the Headmaster, Government High School, Ranbirpura, District Patiala. During her stay, some serious physical complication developed and she was advised complete rest by the Doctor for the period from 01.10.2011 to 30.11.2011. On the basis of sickness certificate issued by the medical centre, the petitioner applied for extension of leave for the period from 01.10.2011 to 30.11.2011. As there was no recovery, she was referred to specialist doctor in Gynecology. As per medical opinion, the disease was diagnosed as "Endometrial Cancer Grade I" and the surgery was suggested. Thereafter, again an application was sent by the petitioner for extension of leave upto 31.01.2012. The medical certificate was also annexed with the application. The operation was scheduled for 20.01.2012 and she was advised rest from 01.02.2012 to 30.04.2012. On the basis of medical certificate, the petitioner again applied for extension of leave from 01.02.2012 to 30.04.2012. During that period, she remained under treatment of doctor. She was admitted on 20.01.2012 in Brampton Civic Hospital and had undergone surgery of Hysterectomy. She was discharged from the hospital on 22.01.2012 but advised rest from 01.05.2012 to 30.06.2012. Again a request was made for extension of leave from 01.05.2012 to 30.06.2012 and thereafter upto 31.05.2013 as suggested by the doctor.

(2.) During her period of treatment in Canada, vide letter dated 17.08.2012, a notice was sent by the Headmaster, Government High School, Ranbirpura (Patiala) asking her to report for duty. Reply to that notice was sent vide letter dated 25.08.201 Thereafter, a show cause notice was published in English newspaper 'Hindustan Times' dated 01.02013 to a number of teachers, who were absent from duty. The name of the petitioner was at Sr. No.139. The petitioner responded to said notice. After issuance of said show cause notice to the petitioner and other teachers, a regular departmental charge-sheet under Section 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 was issued. Reply to the charge-sheet was submitted by the petitioner mentioning that she was suffering from 'Endometrial Cancer and Carpel Tunnel Syndrome' and had applied for extension of leave from time to time. Without conducting any inquiry into the aforesaid charge-sheet, impugned order dated 05.03.2013 was issued by the DGSE-respondent No.2 stating that the petitioner had remained absent from duty and as such, it appeared that she had abandoned her services and accordingly, her services were dispensed with with immediate effect.

(3.) Aggrieved by said order dated 05.02013, the petitioner filed an appeal to the Appellate Authority mentioning all the circumstances and her various requests for extension of leave on various occasions. Vide order dated 21.05.2013 issued by the Special Secretary, Education Department, she was asked to appear personally before the Principal Secretary, Education on 106.201 It was also mentioned that in case, she failed to appear on said date, ex-parte proceedings would be initiated against her. Reply to that letter was sent explaining her inability to undertake the journey. Ultimately, the appeal was dismissed by the Appellate Authority vide order dated 01.08.201