SHARDA DEVI Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) This intra-court appeal by the petitioner-appellant is directed against the order dated 17.02.2009 whereby the learned Single Judge of this Court dismissed the writ petition (CWP No.416/2009) and declined to interfere in the order dated 04.01.1996 whereby the late husband of the petitioner-appellant was ordered to be removed from service as a result of the disciplinary enquiry, essentially on the charges of absenteeism.

(2.) Briefly put, the relevant background aspects of the matter are that the husband of the appellant, late Shri Narayan Lal, who was working on the post of Constable, was served with a charge sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 containing 6 charges, all relating to his willful and frequent absence from duty. It appears from the material placed on record that in relation to the said disciplinary proceedings, the delinquent though got the defence nominee appointed but did not appear before the Inquiry Officer. After recording the relevant evidence, the Inquiry Officer found all the charges proved; and the Disciplinary Authority concluded that the delinquent had been a habitual absentee with no scope of improvement. Accordingly, the husband of the appellant was ordered to be removed from service by order dated 31.03.1993. However, the delinquent preferred an appeal and the Appellate Authority, by its order dated 18.10.1993, set aside the punishment order and remanded the matter for consideration afresh.

(3.) Pursuant to the aforesaid order of remand, the Inquiry Officer took up the matter afresh whereupon the delinquent appeared before the Inquiry Officer on 22.09.1995 and, while admitting the charges framed against him, prayed for leniency. The Inquiry Officer, accordingly, submitted his report on 23.09.1995 pointing out the submissions made by the delinquent as also with the finding that the charges were proved from the record and the delinquent was a habitual absentee.