ARUN MADAN, J. - (1.) THE petitioner has assailed penalty of removal from service imposed by the Disciplinary Authority State Government (respondent No. 10) by its order dated 28.8.1992 (Ann. 35) in disciplinary proceedings initiated against her under charge sheet dated 17.11.1987 (Ann. 5).
(2.) TWO charges were framed against the petitioner:(1) that she is guilty of having remained wilfully absent from government service while working as Dietician, SMS Hospital, Jaipur for a period from 11.10.1982 to 11.1.1987; and (2) that she is guilty of having gone abroad (Nigeria) without prior intimation and permission by obtaining No Objection Certificate from the State Government and the Head of Department. To the aforesaid charges, a statement of allegations was also served upon the petitioner. For charge No. 1 it has been alleged in the statement of allegations, the petitioner had submitted an application for grant of extra ordinary leave from 11.10.1982 for three months on the ground of her newly born child being sick, whereafter she extended leave for six months from 10.1.1983 by sending letter of application to the Superintendent SMS Hospital, Jaipur, who by his letter dated 28.1.1983 refused to grant the leave applied for and extended by her, rather she was directed to resume her duty since otherwise procedings under Rule 86(1), RSR were to be initiated but she did not report for duty and rather remained absent without application and thus has been absent from 11.10.1982.
(3.) FOR charge No. 2 in the statement of allegations it has been alleged that the petitioner had gone to meet her husband abroad (Nigeria) without prior intimation and permission or obtaining No Objection from the State Government, as has been admitted in her letter dated 15.1.1987 and thus by wilful absence from 1.10.1982 she remained abroad in defiance of the orders of the State Government and returned back on duty by attending on 12.1.1987, for which she is responsible.;