URMIL GUPTA Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) PETITIONER was employed as a Medical Officer with the State of Himachal Pradesh. She joined service in the year 1973. She remained absent from duty for 10 spells from 4.4.1996 to 22.10.1996. Total period of her absence works out to 3 months 22 days. On 10.3.1987, she was transferred from Community Health Centre, Arki to Primary Health Centre, Nankhri, but she did not join at her new place of posting. In fact, she had been absent from duty since 8.12.1986. Various letters were issued to her to join duty, but she kept on submitting applications for extension of leave on medical grounds. She was called upon to report to the Medical Board, but she did not present herself before that Board. Ultimately, a notice was got published in a news paper that in case she did not join her duty by the date specified in the notice, ex parte departmental action will be taken against her. Still she did not join her duty despite that. She was placed under suspension. She filed an Original Application before the erstwhile HP State Administrative Tribunal in the year 1988. That petition was disposed of with the following directions:

(2.) PETITIONER filed SLP, feeling aggrieved by direction No. 3 aforesaid. Hon'ble Supreme Court disposed of that SLP vide order dated 29.3.1996, in the following terms:

(3.) DEPARTMENT then drew up a charge sheet, copy Annexure A -1, in which besides the charge regarding unauthorized absence during 10 spells from 4.4.1986 to 22.10.19867, charges of her having not appeared before Medical Board, despite direction from her Appointing Authority and having also not resumed duty, despite publication of notice in a newspaper, were framed. Also, charges for over -drawal of a sum of Rs.35,000/ - from GPF, leaving the job on 17.10.1995, despite rejection of her request for premature retirement and also for not resuming the duty, despite her request for premature retirement having been rejected, were framed.