JUDGEMENT
PRABHAT CHANDRA TRIPATHI, J. -
(1.) The petitioner has preferred this writ petition for
issuance of a writ in the nature of certiorari for quashing the
termination order dated 14.08.2015 passed by the respondent
no. 2 as well as the appellate order dated 08.12.2015 passed
by the respondent no. 1 and for quashing of the recovery
proceedings initiated against the petitioner. The petitioner has
also prayed that a writ in the nature of mandamus be issued
directing and commanding the respondent Bank to reinstate
the petitioner.
(2.) The brief facts of the case in narrow compass are
enumerated as follows: -
The petitioner Smt. Sonam Shri joined as Probationary Agriculture Extension Officer in Canara Bank at Service Training Centre, Banglore on 22.04.2013. Her training was completed on 11.05.2013 and she was allotted Lucknow Circle (AF and PS Section). She joined her services on Probation for two years on 13.05.2013 and worked there till 10.11.2013. She requested for her transfer at her matrimonial house situate at Ballia district but the same was not considered by the respondents. She applied for maternity leave w.e.f. 11.11.2013 to 09.05.2014 and the same was allowed. She was blessed with a baby boy on 20.03.2014 and thereafter she again sent a request via e -mail dated 31.05.2014 to grant her four months further leave on LOP basis. Meanwhile, she again requested the respondents authority to transfer her from Lucknow to Ballia, which was not entertained and in January, 2015 HRM, Lucknow transferred the petitioner to Mubarakpur Branch (Raebareli, Lucknow circle office). Since the husband of the petitioner was also in service as a Technician at Firoze Gandhi National Thermal Station, Unchahaar and no one was at her home to look -after her nine months old infant boy even then the petitioner joined her posting at Mubarakpur and worked there for more than a month. Again, she reiterated for her transfer from Mubarakpur to Ballia at Varanasi Circle, U.P. by making an application dated 04.02.2015. She repeated her request by making another application dated 25.02.2015 with the same prayer.
(3.) Later on, due to serious gynaecological health hazard,
the petitioner sought leave on this ground and sent the
application via e -mail on 16.03.2015. The office of the
respondent no. 2 by a letter dated 12.05.2015 sent a notice
"absence from duties" mentioning therein her previous leave
applications and her unauthorized absence without
permission/sanction of any leave and proceeding on leave
unauthorizedly without any sanction or permission of leave
and instructed her to report back for duty.;
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