FATA BIBI Vs. INDIAN RED CROSS SOCIETY

JUDGEMENT

(1.) THE petitioner was a Dai on the establishment of respondents. She is alleged to have performed an abortion on the person of one Mst. Shugufta and the later is said to have expired due to the abortion. Through the medium of this writ petition, petitioner assails orders of suspension, termination and findings of enquiry officer and the relevant facts having direct bearing on the issues involved are that the petitioner was placed under suspension by virtue of an order bearing No. RC -KRC/SUSP/7577 dated 27/01/1986, the suspension order was followed by articles of charge issued vide No RC -FIR/120/2236 -38 dated 12/08/1986, which form annexure -B to the objections of the other side, a reply was submitted by the petitioner on 21/08/1986, which forms annexure -C to the objections, wherein she has denied the charges levelled against her. It is contended that an order of termination was served on the petitioner, she was told that an enquiry was allegedly conducted against her, but no material whatsoever was supplied to the petitioner despite repeated requests.

(2.) IT is submitted that several representations were filed by the petitioner for her reinstatement, but she was not reinstated, leaving no option for her but to invoke the jurisdiction of this court. Respondents were put on notice. Objections to the admissibility of the writ petition were filed accompanied by several annexures. Petition came to be admitted. Respondents were afforded opportunities to file counter, but they did not choose to avail of the opportunity, which conduct resulted in closure of counter.

(3.) THE petitioner has also filed a supplementary affidavit, which too has been taken on record vide order of the court dated 19/08/1986, on 03/07/1996, a direction came to be passed commanding the respondents to produce the relevant record of the enquiry in compliance there to, the record is available with the LC for the respondents, which is taken on file of this case and it is provided that it shall form part of this court file now till the matter is finally adjudicated upon.