VISHNU JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Brief facts of the case are that the petitioner was appointed as Teacher Grade III on temporary basis in the year 1975 and after completion of the requisite training she was regularized in the year 1978.

(2.) On 22/7/2010, the petitioner was relieved from her place of working on the pretext of one transfer order dtd. 14/7/2010, whereby, the petitioner had been transferred to Ossian. On the same date i.e. 22/7/2010, the petitioner served a representation to the concerned authority stating thereby that no transfer order dtd. 14/7/2010 as alleged has been served on her and therefore, she was not even aware on any such transfer order.

(3.) On the same date i.e. 22/7/2010, an application was preferred by the petitioner for her voluntarily retirement from the services w.e.f. 1/11/2010. When no action on her application for voluntary retirement was taken by the Department, the petitioner preferred one more application on 1/10/2012, stating thereby that she had earlier too moved an application for voluntary retirement and now she is again submitting the same in the required form. Vide the application, she prayed for an order of her voluntary retirement with immediate effect. No action whatsoever was taken by the Department on the applications preferred by the petitioner and on 18/9/2014, she was served with a notice stating thereby that as she has remained absent from duty without sanction of leave, disciplinary proceedings are intended be initiated against her. The said notice mentioned that earlier notice dtd. 20/11/2012 under Rule 86 of the Rajasthan Service Rules, 1951 was served on her and vide paper publication dtd. 3/10/2013 also, the notice was served on her but she has not responded to any of them and therefore, now the disciplinary proceedings are sought to be initiated against her.