FULSEHRA KHATOON, D/O LATE KASIM ANSARI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2018-8-24
HIGH COURT OF JHARKHAND
Decided on August 08,2018

Fulsehra Khatoon, D/O Late Kasim Ansari Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Shree Chandrashekhar, J. - (1.) The petitioner is aggrieved of the order of dismissal from service.
(2.) Petitioner's father who was working as Panbhar (Water Carrier) died in harness on 02.09.2004. The petitioner was appointed on compassionate grounds on the post of Rasoia (Cook) on 03.12.2008. On a complaint of Md. Jamil Ansari claiming himself husband of the petitioner a show-cause notice was issued to the petitioner on 11.05.2012 on the allegation that she has secured appointment on compassionate grounds producing forged documents of divorce. Responding to the show-cause notice, the petitioner submitted her explanation asserting that at the time of appointment she was a divorcee. The disciplinary authority by an order dated 20.09.2012, however, dismissed her from service. The appellate authority has rejected her appeal by order dated 14.06.2013 against her dismissal from service.
(3.) The learned counsel for the petitioner has raised two fold contentions; (i) without initiating a regular departmental proceeding and affording the petitioner an opportunity to lead evidence, her dismissal from service by a simple show-cause notice is illegal, and (ii) once the appellate authority has admitted that at the time of her appointment she was divorcee, petitioner's dismissal from service on the ground that only unmarried daughter can seek compassionate appointment is arbitrary and illegal.;


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