KIRAN SHARMA Vs. AGRICULTURAL UNIVERSITY, UDAIPUR AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 25/26.04.2000 (Annex. -13), whereby the petitioner was imposed with punishment of compulsory retirement and order dated 18.04.2001 (Annex. -19) communicated to the petitioner on 18.06.2001 passed by the Appellate Authority, whereby the appeal filed by the petitioner was dismissed.

(2.) The petitioner was working on the post of Technical Assistant and was relieved from the College of Home Science, Udaipur on 28.02.1996 having been transferred to Krishi Vighan Kendra, Banswara ('KVK'), where she joined on 11.03.1996. It is claimed that at KVK neither there was any post nor any fund available for making payment of salary to the petitioner and, therefore, the payment of salary was to be made to the petitioner from the College of Home Science, Udaipur; whereafter, no salary was paid to the petitioner despite making several representations. She was informed that as petitioner's leave record was not received from the College of Home Science, Udaipur at KVK, her salary bill could not be prepared. A memorandum of charges dated 29.01.1999 was served on the petitioner, inter alia, requiring her to respond to the charges. The Inquiry Officer was appointed and inquiry was fixed at Banswara. It is claimed that on account of financial hardship on account of non -payment of salary, the petitioner could not participate in inquiry effectively and made a request for conducting the inquiry at Udaipur, which request was turned down. When again a request was made, it is claimed that the inquiry proceedings were transferred from Banswara to Udaipur, where the petitioner appeared before the Inquiry Officer and submitted the required documents, which were not accepted, however, the Inquiry Officer completed the inquiry on 26.04.1999, and though the petitioner was still seeking payment of her salary, an office order dated 25/26.04.2000 was served on the petitioner imposing punishment of compulsory retirement.

(3.) The petitioner filed appeal against the order dated 25/26.04.2000, within the prescribed period and after several reminders, by communication dated 18.06.2001, it was informed that the appeal has been dismissed on 18.04.2001 alongwith the copy of the order.