Research › Search › Judgment

Himachal Pradesh High Court · body

2012 DIGILAW 798 (HP)

Sangeeta Devi v. State of Himachal Pradesh

2012-11-06

V.K.AHUJA

body2012
Judgment V.K. Ahuja, J. Petitioner has filed the present writ petition claiming the following reliefs: “i. That the order dated 20-07-2009 passed by the disciplinary authority may be quashed and petitioner may be held entitled to pay and allowances from 17-06-2003 to 04-07-2005. ii. That the petitioner may be held entitled to interest @ 15% per annum on all arrears of salary due and admissible to her on account of relief at Sl.No.1.” 2. Notice of the petition was issued to the respondents, who filed reply. 3. I have heard the learned counsel for the parties and have gone through the material placed on record. 4. The petitioner who was working as Female Health Worker was charge-sheeted mainly for absence from duty from 16.6.2003 till 4.7.2005. Articles of charge are annexed as Annexure P-1. Inquiry was held by a Medical Officer who was appointed as Inquiry Officer and the report was submitted by the Inquiry Officer, Annexure P-2. Thereafter, an order was passed by the Disciplinary Authority, Annexure P-3, vide which the Disciplinary Authority i.e. Director (Health Services) accepted the report of the Inquiry Officer and recommended that the entire period of unauthorized absence from duty w.e.f. 17.6.2003 to 4.7.2005 in respect of the petitioner be regularized by granting extraordinary leave without pay and allowances. The petitioner was also warned not to repeat such irregularities in future. 5. The petitioner is aggrieved by the report of the Inquiry Officer in which he had himself recommended the penalty to be imposed which was ultimately imposed by the Director (Health Services). The grievance of the petitioner is that she was not given an opportunity to show cause before the penalty was imposed upon her. 6. All such pleas have been taken by the petitioner in the appeal preferred before the Appellate Authority, Annexure P-4. Before the appeal could be decided by the Appellate Authority, the petitioner has knocked the doors of this Court by way of the present writ petition. All these pleas which have been raised by the learned counsel for the petitioner during the course of arguments have been taken by the petitioner in the grounds of appeal, Annexure P-4 and as such the petitioner could raise such contentions before the Appellate Authority, who shall consider the same and decide the appeal filed by the petitioner. 7. All these pleas which have been raised by the learned counsel for the petitioner during the course of arguments have been taken by the petitioner in the grounds of appeal, Annexure P-4 and as such the petitioner could raise such contentions before the Appellate Authority, who shall consider the same and decide the appeal filed by the petitioner. 7. The present petition is disposed of with a direction that the Appellate Authority i.e. the Principal Secretary(Health), to the Government of H.P. shall dispose of the appeal, copy of which is annexed as Annexure P-4 with the writ petition, after considering the report of the Inquiry Officer and all other submissions that are made before him, within a period of three months from the date a copy of this order alongwith Annexure P-4 (appeal) is filed by the petitioner before the Principal Secretary (Health). 8. With the above direction, the petition stands disposed of, so also the pending application(s), if any.