- (1.) WE have heard learned counsel for petitioner as well as learned Standing Counsel and perused the records.
(2.) THE instant writ petition has been filed challenging the judgment and order dated 18.7.2013 passed in Claim Petition No. 80 of 2012 by the State Public Services Tribunal, Indira Bhawan, Luknow. It also challenges the punishment order dated 13.9.2010 whereby petitioner has been awarded the punishment of reversion to the minimum of pay -scale for one year for the misconduct of unauthorized and willful absence and leave without pay has been sanctioned. The petitioner has also challenged two orders dated 09.05.2011 by which the appeal as well as representation preferred by the petitioner were rejected.
(3.) THE main thrust of the argument of learned counsel for petitioner is that the learned Tribunal has failed to consider that for the one and the same alleged charge two punishments i.e. reduction in pay -scale for one year and leave without pay has been awarded which amounts to double jeopardy, hence not sustainable in the eyes of law. The brief facts of the case are that the petitioner while working as Head Constable (Civil Police), Lucknow was transferred to Varanasi vide order dated 17.6.2009 and was relieved in absencia. Petitioner did not join at the transferred place and remained absent from duty. A preliminary enquiry was conducted in which she was found guilty. The regular enquiry proceedings were initiated and charge -sheet dated 10.6.2010 was sent to petitioner. She had appeared before the Enquiry Officer and submitted certain documents relating to her illness, etc. and demanded copies of statement of witnesses recorded in the preliminary enquiry. In the departmental proceedings the petitioner did not cooperate. She had although joined at the transferred place i.e. Varanasi on 04.07.2010, after unauthorized absence of 379 days, however, did not appear before the Enquiry Officer. The enquiry proceedings were held fixing date, time and place, etc. The witnesses were summoned and statements were recorded. The petitioner in spite of notices did not appear on the dates and time fixed by the Enquiry Officer. The petitioner in spite of opportunity did not appear for cross -examining the witnesses or of adducing her evidence. The petitioner appeared before the Enquiry Officer on 27.7.2010 and gave an application that she had sent her reply to the charge -sheet by registered post and she is filing medical certificate. The Enquiry Officer in the enquiry came to conclusion that the petitioner has not followed the rules for getting medical leave and without obtaining any leave she had willfully absented from duty. The punishment of reversion to lower pay -scale for one year and sanctioning leave without pay was recommended. The competent authority thereafter awarded the said punishment.;