Civil Writ Petition No. 539 of 2015 (O&M). Case: Harminder Kaur Vs State of Punjab and Ors.. High Court of Punjab (India)

Case NumberCivil Writ Petition No. 539 of 2015 (O&M)
CounselFor Appellant: Kapil Kakkar, Advocate and For Respondents: Inderpal Goyat, Addl. A.G.
JudgesJaishree Thakur, J.
IssueConstitution of India - Articles 226, 227
Judgement DateFebruary 15, 2017
CourtHigh Court of Punjab (India)


Jaishree Thakur, J.

  1. The challenge in the instant petition is to the order dated 27.06.2014 passed by respondent No. 2-Director Public Instructions (SE), Punjab whereby, the past services of the petitioner have been forfeited.

  2. In brief, the facts are that the petitioner was appointed as Social Study Mistress on ad hoc basis on 21.01.1976 and thereafter, the services of the petitioner were regularized w.e.f. 01.10.1980. In the year 1988, she was promoted to the post of Head Mistress. In 1992, the husband of the petitioner, who was residing at Australia, felt ill and the petitioner applied for ex-India leave for a period of three months from August, 1992 and on getting a No Objection, she left for Australia. She remained in Australia till 1996 and rejoined services vide an order dated 24.12.1996, however, she was permitted to join duty with a rider that her joining will have no effect on the departmental enquiry, which was pending against her. The enquiry was completed and the complaint was disposed of. The petitioner again applied for ex-India leave for a period of three months from 05.04.1997, which was duly sanctioned. The petitioner thereafter applied again for ex-India leave, while in Australia and the same was sanctioned upto 31st August, 1997 under Rule 8.119 and 8.137 of Punjab Civil Services Rules, Vol I, Part 1. The petitioner continued to remain in Australia and rejoin her duty vide order dated 19.04.2004. Thereafter, the petitioner again left for Australia in July, 2004 and came back in the year 2006 and requested the respondents to allow her to rejoin, which was not accepted. She left and came back in 2009 and again submitted an application for rejoining, but no such orders were issued. The petitioner returned in November, 2012 and once again submitted a representation to the respondents to allow her to join and vide order dated 29.01.2013, she was permitted to rejoin the service, under pending enquiry. The petitioner rejoined duty on 31.01.2013 and vide order dated 31.01.2013, she was relieved from duty on superannuation. The Enquiry Officer was appointed on 29.01.2013 to conduct a departmental enquiry, in which, the petitioner participated. The Enquiry Officer noted that the delinquent/petitioner herein applied for en-India leave from 05.07.2004 to 04.01.2005, which was rejected and despite the rejection, the delinquent employee had gone abroad on 26.07.2004. A copy of the charge-sheet was sent to the...

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