PRANA CHATTA Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a petition under Section 103 of the Constitution of Jammu and Kashmir and Article 32 (2 -A) of the Constitution of India, as applied to the State for issue of a writ of Certiorari quashing Order No. 579 -80 dated November 9, 1970, of the Inspectress Girls Schools, Baramulla, terminating the services of the petitioner for unauthorised absence from duty.

(2.) IT appears that the petitioner who was recruited as a tea ­cher in the Baramulla Division and was serving as such at Delina made an application to the Inspectress of Girls Schools, Baramulla, for grant of study leave for a period of one year with effect from September 15, 1968. She was relieved on Septem ­ber 14, 1968, by Nazir Akhtar to whom she also handed over charge of the articles which were in her custody. On the expiry of the said period of one year, the petitioner submitted an application on September 25, 1969, to the said Inspectress ex ­pressing her desire to resume her duties. This application was forwarded by the Inspectress vide her No. 780 dated September 25, 1969, to the Deputy Directress Womens Education, for necessary action. Thereupon the Deputy Directress vide her No. 8 E -l/10517 -18 dated November 1, 1969, informed the peti ­tioner that she had been on long unauthorised leave and that before any action was taken against her under Articles 203 and 205 (a) and (b) of the Jammu and Kashmir C. .S. Regulations she should submit a reply to the points mentioned therein. On receipt of this communication, the petitioner vide her letter dated November 14, 1969, wrote back to the Deputy Directress answering the queries made by the letter. After some time the Joint Director Womens Education vide her letter No. JD -121 -K/ 10857 dated November 7, 1970, authorised the Inspectress of Girls School, Baramulla to take action against the petitioner under Articles 128 and 203 (b) of the Jammu and Kashmir Civil Services Regulations. Pursuant to this authorisation the Inspectress vide her No. 519 -80 dated November 9, 1970 infor ­med the petitioner that her services would stand terminated on November 9, 1970 i.e. a month thereafter for unauthorised absence. Thereupon the petitioner made some representations to the authorities. As these representations did not evoke any favourable response the petitioner made a representation to the Chief Minister on December 15, 1970, requesting him to inter ­vene in the interests of Justice. On January 7.1971, the Under Secretary to the Chief Minister vide his No 20 -GCM/70 dated January 27, 1971, informed the petitioner that the matter had been referred to the Joint Director, Womens Education for appropriate action under rules and that she could expect a reply from her direct. Failing to receive any redress the petitioner made another representation to the Chief Minister on February 1, 1971, bringing to his notice that the case had been manipu ­lated by the Inspectress of Girls Schools to safeguard the inte ­rests of her own sister whom she appointed in the leave arrange ­ment of the petitioner and subsequently confirmed her in her place. As the petitioner still failed to get relief she made an ­other representation through her counsel, late Shri Hardey Nath Dhar, Advocate, to the Joint Directress Women Education, on June 15, 1971, requesting the latter to allow her to join, her duties. Thereafter she waited for some time but as the repre ­sentation failed to evoke any favourable response she filed the present writ petition before this court on April 9, 1971. A notice in regard to this petition was issued to the other side whereupon Smt. Mumtaz -ul -Nisa, Inspectress Girls Schools, Baramulla, filed a reply affidavit contesting the writ petition.

(3.) APPEARING in support of the petition Mr. B. N. Dhar has urged that the petitioner was not on unauthorised leave that the Inspecteress of Girls Schools was not competent to issue the impugned order, that as the order cast a stigma on the petitioner and amounted to her dismissal or removal from service, it could not have been passed without holding a regular enquiry as envisaged by the Constitution and the Civil Services (Classifi ­cation, Control, and Appeal) Rules, 1956.