BHAGWATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ petition has been filed by daughter of a government servant late Smt. Bhagwati, who was working on the post of Constable in the Police Department substantively.

(3.) IT is also submitted by learned counsel for the petitioner that although as per the charge-sheet, allegation of absence of 37 days from duty was alleged but in the enquiry only 24 days absence was proved by the Department, that too is less than the period of 30 days. Therefore, according to Rule 86 (3), no charge to remain willful absence from duty beyond 30 days is proved, therefore, the punishment awarded to the petitioner upon the said finding is totally erroneous and illegal. Further, it is submitted that the appellate authority was under obligation to consider all these aspect of the matter but none of the grounds taken by late Smt. Bhagwati in her appeal were considered and by cryptic order, penalty of dismissal was upheld. Therefore, the order of penalty as well as the order passed by appellate authority deserve to be quashed.