VANDANA OJHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel representing the State.

(2.) Petitioner is aggrieved by the order, as contained in the notification vide Memo No. 350 dated 24.01.2011 (Annexure-9 to the Writ Application), by which the petitioner has been discharged from service as a probationer Child Development Project Officer (CDPO).

(3.) A perusal of the impugned order, as contained in Annexure-9, would show that the petitioner was appointed temporarily for a period of two years as probationer on the post of CDPO vide notification no. 794 dated 07.03.2008. She did not join her post for more than two months from the date by which she was required to join. She submitted her joining on 29.05.2008 and was sent for training; in course of her training itself she left her office after submitting an application for extra-ordinary leave on 04.08.2008. She continued with her unauthorized absence for a period of more than two years. On 20.09.2010, she submitted her joining in the Social Welfare Department (Headquarters) but because she had been absenting without any sanctioned leave, instead of accepting her joining, she was served with a letter to show cause as to why her service should not be terminated. The petitioner submitted her show cause. However, in her show cause, she did not deny the fact that she had gone on leave without getting the leave sanctioned from the competent authority. She simply stated that after submitting an application for extra-ordinary leave from 04.08.2008 to 31.11.2008, she was regularly submitting her application for extension of leave.