G.A. SUMITHRA Vs. GOVERNMENT OF TELANGANA

JUDGEMENT

(1.) Challenge in this writ petition is to the proceedings of the second respondent dtd. 25/7/2019 whereby the petitioner was awarded penalty of removal from service and consequential order of the first respondent dtd. 13/11/2020 whereby the appeal preferred by the petitioner was rejected.

(2.) Petitioner submits that she was appointed on compassionate grounds as typist consequent upon the death of her father and her services were regularized and her probation was also successfully declared. While so, she applied for leave for two days on 9th and 10/2/2017 as she was not doing well because of death of her husband in an accident. However, she did not join duty thereafter. On the allegation that she was unauthorizedly absent, the second respondent issued Article of Charge dtd. 27/8/2018, in violation of Rule (3) of Telangana Service (Conduct Rules), 1964. The charge was not in accordance with Rule 20 of TS (CS) CCA Rules, 1991. Petitioner further submits that instead of conducting inquiry in accordance Rule 20 of the CCA rules, the inquiry officer supplied her questionnaire containing three questions viz., first one relating to medical certificates pertaining to the disease, the second relating to the state of health of the petitioner; and the third one relating to leave. Since my answers are not palatable, the inquiry officer dictated what kind of answers she should give and accordingly dictated and obtained her signature to indict her abhorrently. As the presenting officer did not produce the relevant record, based on the answers to the question, the inquiry officer submitted report to the second respondent as if she admitted the sole charge of unauthorized absence based on which the impugned order was passed. Petitioner further submits that due to Gyenic problem she applied for leave of different spells from 9/2/2017 onwards and finally fitness certificate was issued on 9/11/2018. Thereafter, she was permitted to join duty on the forenoon of 9/11/2018. The petitioner made a representation to the fourth respondent on 10/12/2018 requesting to consider the absence period as EOL. However, without considering the same, the second respondent passed the impugned order of removal from service stating that the absence was more than one year and based on that the fourth respondent relieved her from service on 25/7/2019. Aggrieved by the same, the petitioner preferred an appeal to the first respondent which went against to her. Hence the present writ petition.

(3.) The respondents filed counter affidavit stating that though the petitioner applied for leave on 9th and 10/2/2017, but she did not reported to duty nor did she extend the same. The Memos issued by the fourth respondent on 9/3/2017, 28/3/2017, 10/5/2017 and 4/12/2017 left un-responded which clearly established her gross dereliction of duties and attracts the provisions of the Rule (3) of TS Civil Services (Conduct) Rules, 1964. The second respondent being the competent authority initiated departmental proceedings as per the procedure laid down in TS Civil Services (Conduct) Rules, 1991. Though it is the contention of the petitioner that she sent leave letters to the fourth respondent through her relatives, but the fourth respondent has not received any such leave letters in the period of one year and eight months. It is further submitted that the respondents have followed the procedure in conducting the inquiry scrupulously. The petitioner was permitted to join duty on 9/11/2018 as per Rule 18 of the Fundamental Rules without prejudice to the action contemplated and pending against her. It is further submitted that any period of absence without prior permission from the competent authority shall be treated as willful absence from duty. It is further submitted the medical certificates were obtained and produced only after framing of the articles of charge. Since the petitioner was unauthorizedly absent to duty for more than one year, punishment of removal from service was awarded. Hence the writ petition is liable to be dismissed.