KARAMJIT KAUR SHARMA Vs. KENDRIYA VIDYALYA SANGATHAN, NEW DELHI COMMISSIONER
LAWS(P&H)-2007-9-188
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 11,2007

KARAMJIT KAUR SHARMA Appellant
VERSUS
KENDRIYA VIDYALYA SANGATHAN, NEW DELHI COMMISSIONER Respondents

JUDGEMENT

- (1.) This petition seeks quashing of order dated 31.1.2007, Annexure P-4 passed by the Central Administrative Tribunal (for short, 'the CAT'), Chandigarh Bench, Chandigarh.
(2.) The case of the petitioner was that she was working as a Librarian. She applied for leave from 30.10.1996 to 31.1.1996. She thereafter sent telegrams for grant/extension of medical leave. She joined back on 20.12.1996 and again applied for leave on 1.1.1997. She joined on 2.5.1997 and she was advised to wait for the decision. On 25.6.1997, she was advised to join. She applied for leave again from 16.9.1997 to 14.10.1997. The Principal of the School vide letter dated 6.3.1998 informed the petitioner that she was absent for more than 90 days. The petitioner submitted her joining report on 14.12.1999. She was given a show-cause notice under Article 81(d) (3) of the Education Code for ordering loss of lien on account of unauthorised absence. Thereafter, impugned order dated 26.4.2002 was passed directing loss of lien of the petitioner with effect from 30.10.1996. The said order was affirmed in appeal which was dismissed on 2.8.2003. The petitioner approached the CAT and having been unsuccessful, has field this petition.
(3.) The stand of the respondents before the CAT was that the petitioner was absent without leave from 30.10.1996. On 14.3.2001, a show cause notice was given to her proposing to order loss of her lien from the date of absence. No reply having been received, the impugned order was passed. Even before the Appellate Authority, no order of sanction of leave was produced.;


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