- (1.) Petitioners by means of this writ petition seek quashing of the order dated 1.4.2011 passed by State Public Services Tribunal, Lucknow (in short Tribunal'), whereby the punishment order of dismissal of Dr.(Smt) Brijbala Tiwari, respondent no. 2 dated 7.2.1997 was set aside with all consequential service benefits except back wages.
(2.) The facts necessary for adjudication of this writ petition are that Dr. (Smt) Brijbala Tiwari was initially appointed on 9.5.1973 as Medical Officer, Grade II, Allopathy by Nagar Mukhya Adhikari, Nagar Nigam, Kanpur Nagar (petitioner no. 2) on temporary basis for six weeks. Her appointment was subject to approval of the State Government or till appointment of a regularly selected candidate on the said post.
(3.) Dr. (Smt) Brijbala Tiwari, respondent no. 2 joined her services on 16.5.1973 which was extended by the State Government (respondent no. 1) from time to time till further orders or until such time the regularly selected candidate appointed through selection made in accordance with the rules joined the post. Later on, Director, Local Bodies, UP regularised her services along with other candidates vide order dated 13.1.1987 (Annexure No. 2 to the writ petition) whereupon she was transferred from Maternity Centre Krishna Nagar to Male and Female Dispensary, Bansmandi, Kanpur Nagar vide order dated 9.11.1989 by Nagar Swasthya Adhikari (Chikitsa) Nagar Nigam, Kanpur. It is averred that inspite of service of transfer order, Dr. (Smt) Brijbala Tiwari failed to handover the charge and join at her transferred place of posting as such Nagar Swasthya Adhikari (Chikitsa)/petitioner no. 3 sought explanation from her on 17.1.1990.;