JHUMAR KUMARI (CONSTABLE) Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing the punishment order, passed by the Commandant, Jharkhand Armed Police- X, Hotwar vide memo no. 288 dated 18.08.2015, in departmental proceeding no. 11 of 2015, whereby her two annual increments have been stopped, which is equal to three black marks and also a warning was given to her. She also challenged the Appellate Order passed by the Deputy Inspector General of Police, Ranchi vide memo no. 2928 dated 29.12.2015, whereby the order of punishment was modified and she was 'Censored". The petitioner also prayed for a direction upon the respondent for payment of full salary with allowances for the period she remained discharged from service till her reinstatement.

(2.) The petitioner was appointed as lady Constable in Mahila Battalion, Jharkhand Armed Police-X, Hotwar, Ranchi on 30.11.2006. She joined there and was discharging her duties. She also received the necessary training. During training, she received information from her parent that her marriage was fixed and was scheduled to be solemnized on 10.07.2008. She applied for 20 days compensatory leave before the Commandant, JAP-VI for the purpose of marriage, which was rejected by the Commandant. She again filed a fresh application on 03.07.2008 for grant of 5 days casual leave for the said purpose. As per the petitioner, the fate of the said application was not communicated to her and as the date of marriage was 10.07.2008, which was not possible to be shifted and neither any information was given to her about the leave, for which she applied on 03.07.2008, she left the training Center in anticipation of sanction of casual leave. As per the petitioner, the circumstances were [2] compelling and beyond her control. She returned on 22.07.2008, i.e. after 17 days and was served with a show cause notice seeking reply as to why she would not be dismissed from service for unauthorized absence.

(3.) The petitioner replied to the said show cause notice, but the authorities were not satisfied with the same. After a proceeding, she was dismissed from service w.e.f. 07.08.2008.