Wednesday, October 9, 2013

OA 238/2012 Banglore --- only op part

OA 238/2012 Banglore --- only op part -- get the full

7. The next issue would be that the applicant had gone on unauthorized absence. It has come in evidence that the applicant has leave of 89 days at her credit and that she had gone on medical leave supported by medical documents. The concerned authority, if he had any doubt about the genuinity of the certificate could very well have subjected the applicant to appear before the Medical Board in order to know the veracity or not of the applicant. But they cannot sit over judgment  on  the medical certificate as  they  are  totally  in  the  dark  about  the medical condition of the applicant. Therefore, the charge of unauthorized absence cannot be laid at the door of the applicant and in any case subsequently the 3rd respondent had himself cancelled Annexure-A1 order and posted her to Lokapur where the vacancy was already present even on the date of Annexure-A1.

8. Article V charge that by-passing the authority of the Director General the applicant had dared to complain to the National Commission for SC & ST is one example of administrative arrogance. The National Commission was created especially for the protection of the underprivileged and it is the constitutional duty of all authorities to respect it. The officials who have framed this charge have committed a grave error and would be well advised to refrain from similar errors in future.

9. On the basis of the above finding the following orders are issued:
1) The applicant shall be forthwith reinstated back in service w.e.f. 01.12.2011 which is the date on which she has been removed from service without disqualification for future employment. Her period of absence up to 01.12.2011 will be regularized as per leave due, and if no leave is available them as extra ordinarily leave without pay but without a break in service for all purposes.
2) The applicant shall be paid the full consequential benefit w.e.f. 01.12.2011. The respondents are directed to issue necessary orders within a period of one month from the date of receipt of this order and make all the consequential payments within three months thereafter.
10. OA is allowed to that extent. No order as to costs.



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