RITU SETHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner was appointed as General Secretary, Himachal Pradesh State Council for Child Welfare for a period of three years by the General House vide its proceedings dated 25.08.2008. She submitted her joining report to the authorities on 02.09.2008. In the General House of the Council held on 23.09.2011, the tenure of the petitioner as General Secretary of the Council was extended for a further period of three years i.e. till September, 2014.

(2.) THE petitioner vide memorandum dated 13.12.2013 was issued a show cause notice, which according to her, was based on false facts i.e. qua failure in discharging her duties as General Secretary. She filed detailed reply dated 05.01.2014. However, vide order dated 21.02.2014, the respondent -authorities relying upon some inquiry ordered her removal from the post of General Secretary.

(3.) IT was averred that on the basis of the fact finding inquiry report submitted by the Inquiry Officer, a show cause notice was issued to the petitioner on 13.12.2013 wherein the petitioner was given an opportunity of explaining her position with regard to the allegations levelled against her in the show cause notice within seven days. It is averred that instead of submitting proper reply to the notice, firstly, the petitioner refused to give reply to the notice till receipt of information sought by her under the Right to Information Act (for short 'RTI') and thereafter sought one week time for filing reply, which according to the respondent, reflected her malafide intention and non -cooperative behavior. On 06.01.2014 final reply was submitted by the petitioner which was not found satisfactory and could not be accepted and, therefore, the Secretary of the Council felt it proper to bring the matter to the notice of the President/Vice President of the Council. The Competent Authority i.e. President of the Council "approved to remove the petitioner from the post of General Secretary and to ratify the decision later on by the General House in its next meeting within a period of six months" and in the meantime the charge of the post of General Secretary of the Council was given to the Joint Director, Women and Child Development, as an interim arrangement. In pursuance to the approval of the President of the Council, a notification dated 21.02.2014 regarding removal of the petitioner was issued which was further placed before the Annual General Meeting of the Council held on 22.02.2014 which ratified the decision of the President and thereafter appointed Smt. Raj Kumari Soni as General Secretary of the H.P. State Council of Child Welfare.