ANITA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this writ application for quashing the order dated 9-5-1995, Annexure- 9, passed by respondent No 3, dismissing the petitioner from service

(2.) The case of the petitioner is that she was an employee of the Bihar State Co-operative Milk Producers' Federation Ltd Bihar, Patna (hereinafter referred to as the COMPFED) She was posted at the relevant time in the office of Dugdh Utpadak Sehri Singh Ltd Barauni The respondent No 3 was annoyed with the petitioner She and her husband also filed representation before the Managing Director, (COMPFED), Patna requesting him to transfer from Barauni to any other place The respondent No 3 insulted her The farmers also filed petition to the aforesaid effect A charge-sheet, Annexure-7, was furnished to the petitioner on 7-4-1995 directing her to file show caruse as to why she be not dismissed from srevice The petitioner on receipt of the chargesheet filed show cause denying the charges levelled against her and stating that charges have been levelled with baised view in order to discharge her from the service On filing of the show cause the petitioner was dismissed from services vide order dated 9-5-1995, Annexure-9 The said order is under challenge in this writ application

(3.) On 16-1-1996 a letter was produced by the respondents to show that Industrial dispute has been raised by the union of the petitioner against the order of dismissal The case was ajourned for filing affidavit by the petitioner in reply A supplementary affidavit was filed by the petitioner stating therein that Industrial dispute has been raised by the union before the Joint Labour Commissioner, Bihar, but as yet neither any reference has been made to an Industrial Tribunal or Labour Court for adjudication of the dispute, nor has been any progress in the conciliation proceeding