SONAM DOLMA Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) The present petition has been filed against the 'Show Cause Notice No. 862-129/Gen-Corr/Court Cases/2016/34 dtd. 5/2/2018' by which the promotion granted to the petitioner to the post of Junior Accounts Officer is being withdrawn.

(2.) The impugned 'Show Cause Notice' is an offshoot of the statement made by Ld. Counsel appearing for the Respondents in SWP No. 1639/2015, wherein, the petitioner was not a party and according to the petitioner, the said statement has been recorded behind her back and has been acted upon by Respondents. Solely on the basis of a statement made by the Ld. Advocate, who was appearing on behalf of the respondents, in the aforementioned writ petition bearing SWP No. 1639/2015, the impugned 'Show Cause Notice' has been issued to the petitioner. Thus, it is a specific stand of the petitioner that on mere reading of the impugned 'Show Cause Notice' it has a trapping of finality because the Respondent Department has almost pledged before this court that the case of the petitioner is identically situated as that of Shri Krishan Lal (Writ Petitioner in SWP No. 1639/2015). The petitioner has taken a specific stand that there is no such parity between the petitioner and the Shri Krishan Lal, supra neither by facts nor law. Since the impugned show cause notice is an off shoot of a statement made at bar by the Ld. Counsel for Respondents in the case of Krishan Lal, supra as such relegating the petitioner to Central Administrative Tribunal (CAT) would not be an efficacious remedy available to the petitioner. Taking into consideration the peculiar facts enunciated herein above, we hold that the present petition is maintainable.

(3.) The petitioner through the medium of the present writ petition has prayed for the following reliefs:-