RAJNI DUBEY Vs. DIRECTOR HARIJAN AND SOCIAL WELFARE LUCKNOW
LAWS(ALL)-2008-12-280
HIGH COURT OF ALLAHABAD
Decided on December 04,2008

RAJNI DUBEY Appellant
VERSUS
DIRECTOR HARIJAN AND SOCIAL WELFARE LUCKNOW Respondents

JUDGEMENT

- (1.) S. U. Khan, J. Heard learned Counsel for the parties.
(2.) THROUGH the first writ petition, order dated 27. 3. 1985 terminating the services of the petitioner has been challenged. Operation of the said order was stayed on 24. 5. 1985. The writ petition was dismissed in default for several times and was restored thereafter. The case of the petitioner is that the petitioner was appointed as Supervisor (Mukhya Sevika) on 15. 9. 1982 alongwith 63 other persons under the scheme of integrated child development. It has further been stated on behalf of petitioner that Sri Vachaspati Tiwari the then Harijan and Social Welfare Officer, Smt. Sheela Saxena and Smt. Shashi Srivastava Child Development Project Officer were not carrying out the work of the department properly hence petitioner made several complaints. Report was submitted by S. D. O. Meja, Allahabad to D. M. Allahabad on 29. 5. 1984. Thereafter a detailed inquiry was held by the officers and a detailed report was submitted on 15. 9. 1984. Complete copy of which is annexure to the supplementary affidavit. In the said report Smt. Shashi Srivastava, Child Development Project Officer was found guilty of maintaining duplicate register and forging the signatures of petitioner and another employee Kumkum Dev. It was also found that those employees who were entitled to get Rs. 175/- per month were being paid only Rs. 125/- per month. It was also stated in the report that petitioner was being harassed. Petitioner also made complaint to Chief Development Officer, Allahabad on 1. 7. 1984 regarding her harassment. In the report it was also mentioned that Sri Vachaspati Tiwari had irregularly withdrawn Rs. 1,80,000/ -. The other offi cers mentioned above were also found guilty. In pursuance of inquiry report Rajendra Das one of the officers who was found guilty in the report was sus pended and additional Director wrote a letter that Smt. Shashi Srivastava, Kumkum Dev and Rajni Dubey (petitioner) must be removed from service as they were temporary employees. Copy of the said letter is Annexure-10 to the writ petition which is undated. Thereafter through letter dated 27. 3. 1985 (Annexure-11) Director terminated the services of the petitioner under U. P. Temporary Government Servant Termination of Service Rules, 1975.
(3.) IN the report annexed with the supplementary affidavit dated 15. 9. 1984/18. 10. 1984 by Review Officers Sri S. Misra, Sri Manmohan Tiwari and Sri K. N. Tandon charges of irregularities and misutilisation of fund have been levelled against higher officers. No finding against petitioner has been recorded. The main argument of the learned Counsel for the petitioner is that as petitioner had brought irregulariteis committed by the officers to the knowl edge of the higher authorities hence her services were terminated.;


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