GOVT. OF NCT OF DELHI Vs. RITA VOHRA

JUDGEMENT

(1.) The petitioner, Government of National Capital Territory of Delhi (GNCTD), has preferred the present writ petition under Article 226 of the Constitution of India to assail the order dated 28.03.2014 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (CAT/ Tribunal), whereby the Tribunal allowed the original application No.2473/2013 preferred by the respondent; quashed the order of suspension dated 04.06.2012; and also quashed the memorandum dated 09.10.2012, whereby the petitioner sought to initiate disciplinary proceedings against the respondent.

(2.) The respondent is employed as an Upper Division Clerk (UDC) in the Department of Irrigation & Flood Control under the GNCTD. On the ground that she was suffering from Asthma and it was difficult for her to commute to attend to her duties, the respondent sought transfer from the Office of Deputy Commissioner, New Delhi District to any other place near her residence. This request was allowed by the Directorate of Services vide order No. 74 dated 03.04.2012, and she was transferred to Dr. Baba Saheb Ambedkar Hospital. The relieving order was sent on 11.06.2012 to her residence.

(3.) The respondent did not attend to her duties from 02:00 p.m. of 30.05.2012 till 04.06.2012. She reported for duty in Dr. Baba Saheb Ambedkar Hospital on 13.06.2012 upon receiving her transfer order. On account of her unauthorized absence for the aforesaid period of 5 1/2 days, she was placed under suspension vide order dated 04.06.2012. Last Pay Certificate (LPC) was not issued to her by the Office of the Deputy Commissioner, New Delhi District on the ground that she had been placed under suspension.