R.B.Misra, J. - (1.) In this writ petition a prayer has been made for issuance of a writ of certiorari for quashing impugned order dated 13.7.2000 (Annexure No. 5 to the writ petition whereby the petitioner was treated to have abandoned the service w.e.f. 18.4.2000 i.e. from the date of expiry of her leave. Heard Sri S.M.A. Kazmi, learned counsel for the petitioner and Sri V.K. Upadhyaya, learned counsel for the respondents.
(2.) According to the petitioner she was appointed as Student Nurse and joined her duty on 16.9.1989, after passing the nursing examination in the month of September, 1992 and 'Midwifery-Examination' in the month of December, 1999. She thereafter was appointed as a Staff Nurse on 5.3.1993 in Sir Sunderlal Hospital of Banaras Hindu University (in short called B.H.U.). She was subsequently confirmed on 28.09.1996 in the grade of Rs. 1400-2600 w.e.f. 2.2.95. Her conduct and performance was found satisfactory. However, on 17.4.2000 all of a sudden she fell ill and proceeded on earned leave and also prayed for subsequent extension of leave. After recovering from illness, when the petitioner approached the respondent, along with fitness certificate of Medical Officer, instead of allowing her to resume duty the impugned order dated 13.7.2000 was passed which on perusal reveals that the petitioner was found absent from 17.4.2000 in an unauthorized manner without prior permission or sanctioned leave, whereas she was asked by the Assistant Registrar (Adm) of B.H.U. vide his letter dated 29.4.2000 asking her to resume duty within fortnight to cope up with the exigency of work, but she failed. She was also given stern warning by the Medical Superintendent of 'Hospital' on 25.1.2000, to improve her conduct and be careful in future and not to proceed on leave without prior approval/sanction of leave otherwise disciplinary action might take place.
(3.) The matter of unauthorised absence of the petitioner was considered by the Disciplinary Committee of the Executive Council of B.H.U. in its meeting on 13.5.2000 and on the resolution of the Disciplinary Committee, the petitioner was treated to have abandoned the service under Ordinance 10.5 of the B.H.U.;