The Court held that a writ petition challenging a notice proposing disciplinary action is not maintainable as no cause of action existed because the authority had not yet finalized the proposal. The petition was accordingly disposed of.
The writ petition is disposed of as it is not maintainable at this stage as no cause of action exists.
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W.P.(C) No.14854 of 2015
1.9.2015 Heard.
The petitioner being aggrieved with the notice as contained Memo No.562 dated 20.05.20
15 has approached this Court.
Case of the petitioner is that she having been appointed as Sikhya Sahayak and started
performing her duty but due to some reason she remain absent for a period of 313 days from 03
.04.2011 to 25.06.2012.
The petitioner has been directed to perform her duty vide communication (Annexure-3) d
ated 06.02.2015 in terms thereof, the petitioner has given joining report on 13.02.2015 by vir
tue of an undertaking given by her by way of an affidavit that she will not claim any financia
l benefit for the said period. But even thereafter show cause notice has been issued.
Learned counsel for the School and Mass Education Department has submitted that even s
how cause notice has not been issued as yet rather proposal has been made to take disciplinary
action.
Heard the parties and perused the documents on record.
On perusal of the communication dated 20.05.2015, it appears that a proposal has been
made to take disciplinary action against the petitioner for unauthorized absent as to why she
shall not be disengaged from the post of Sikhya Sahayak which has been communicated to the Dis
trict Project Co-ordinator, who is the competent authority to take decision.
From perusal of records no document has been annexed showing the execution of the prop
osal contained in Memo dated 20.05.2015, hence no cause of action exists as on date.
As such writ petition is not maintainable at this stage.
However, if the authority wants to take action against the petitioner he is at liberty
but after following due procedure as provided under the guideline.
Accordingly, the writ petition stands disposed of.
S. N. Prasad, J.
3
3
1 issue framed by the court
Whether a writ petition is maintainable when the authority has not yet taken a final decision on disciplinary action.
Petitioner
School and Mass Education Department
S. N. Prasad
As recorded by the court registry
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