Dismissed

Snehlata Sharma v. State Women and Child Ors.

Rajasthan HC6 Aug 2018CW/9513/2017

Case brief

AI extract

What is this about?

Petitioner challenged termination of service and rejection of cut-off appeal. Court dismissed writ petition without merits, directing filing of appeal before Superior Appellate Authority within 10 days, interim pending appeal.

What did the court decide?

Direction to file appeal before Superior Appellate Authority within 10 days; aforesaid Authority to decide within four weeks; interim stay to continue.

Snehlata Sharma Vs State Women and Child Ors. — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 9513/2017

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Snehlata Sharma Wife Of Shri Mahesh Chand Sharma , Resident Of Naya Gaon, Post Ranipura, Tehsil Mandrayal, District Karauli Raj.

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----Petitioner

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Versus

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State Of Rajasthan Through Additional Chief Secretary, Women And Child Development Department, Government Secretariat, Rajasthan, Jaipur

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Director, I.c.d.s. And Ex-Officio Deputy Secretary, Women And Child Development , Directorate, I.c.d.s., Jaipur Raj.

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Deputy Director, Women And Child Development Department , Sawaimadhopur, Rajasthan

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Child Development Project Officer C.d.p.o., Women And Child Development Department , Sapotara, District Karauli Raj.

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----Respondents

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For Petitioner(s) : Mr. Anand Sharma Adv. For Respondent(s) : Mr. B.K. Sharma Adv.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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06/08/2018

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The instant writ petition has been filed by the petitioner challenging the order dt. 6^th March, 2017, passed by the C.D.P.O., Sapotara, District Karauli, Rajasthan, terminating the services of the petitioner. The petitioner has further challenged order of the Appellate Authority dt. 4^th May, 2017, whereby the Deputy Director has rejected the appeal filed by the petitioner by treating the same as time barred, as the appeal was filed on 11^th April, 2017 against the order dt. 6^th March, 2017.

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(2 of 3)

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[CW-9513/2017]

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Counsel for the petitioner has submitted that the petitioner was not given any notice in respect of the allegations which were leveled against her in the termination order dt. 6^th March, 2017. Counsel further submitted that as per circular of the Department dt. 9^th November, 2016, the respondents were required to conduct a summary enquiry against the petitioner before removing her from job.

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Per contra, learned counsel for the respondent-Mr. B.K. Sharma, Addl. Govt. Counsel, has submitted that the petitioner was issued a show cause notice for remaining absent on previous occasions and in spite of several opportunities being given, she did not improve her performance and as such, as per the terms of appointment, her services have rightly been terminated.

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Counsel further submitted that the petitioner has been negligent in discharging the duties and on one occasion she has also used abusive language against the Superior Officers. Counsel further submits that the petitioner has one more remedy of filing Second Appeal as per circular dt. 9^th November, 2016, before the Chief Executive Officer (Administrative and Permanent Establishment Committee of Zila Parishad).

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Counsel submitted that the writ petition is not a proper remedy and petitioner has to approach the Superior Appellate Authorities by way of filing second appeal.

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This Court finds that the circular dt. 9^th November, 2016, provides a forum of second appeal to a delinquent, after first appeal is rejected. This Court vide order dt. 21^st August, 2017, while issuing the notices, had stayed the operation of termination order dt. 6^th March, 2017, and as such petitioner is still continuing in the job in pursuance of the interim order passed by this Court.

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(3 of 3)

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[CW-9513/2017]

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This Court without going into merits of the matter, deems it proper to direct the petitioner to file an appeal before the Superior Appellate Authority within a period of 10 days and the said Appellate Authority is directed to decide the same, after receipt of the appeal, filed by the petitioner, within a period of four weeks after receipt of copy of this order. The interim order granted to the petitioner vide order dt. 21^st August, 2017, will continue till decision of the appeal.

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Accordingly, the present writ petition is disposed of, in the above terms.

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(ASHOK KUMAR GAUR),J

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Monika/79

Snehlata Sharma v. State Women and Child Ors.

Case brief

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Snehlata Sharma v. State Women and Child Ors.

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