Vide Memo dated 10/1/2000 PGIMER rejected the said joining report.
Sometime in 1992, the 1st Respondent filed a Writ Petition bearing No.
Thereafter she is said to have forwarded a joining report.
Later, on 8/2/1999, an application CM No.
16212 of 1992 was moved before the High Court to vacate the Stay Order dated 6/9/1994 so as to enable PGIMER to initiate appropriate disciplinary proceedings against 1st Respondent.
On 14/1/1995 PGIMER issued a Memorandum to the 1st Respondent.
1st Respondent filed a Contempt Petition against PGIMER alleging that the Memorandum amounts to companytempt of the Orders of the High Court dated 6/9/1994.
PGIMER asked her to resume duty by 14/2/1994.
8535 of 1994 in CWP No.
16212 of 1992 before the Punjab Haryana High Court challenging the selection and appointment of Petitioner herein as Professor of Haematology in PIGMER.
By this time she had already started working as a companysultant Haematologist at the Salmaniya Medical Center, Bahrain.
16212 of 1992 before the High Court seeking directions to PGIMER to permit her to rejoin her duty.
The main Prayer of the 1st Respondent before the High Court in CWP No.
While deciding the matter High Court has adverted to the decision in Jai Shanker v. State of Rajasthan AIR 1966 SC 492, wherein a state government employee was discharged from service due to his unauthorized leave.
The same was also annexed with Articles of Charge, statement of imputations and the relevant documents.
8504 of 2000 was filed by the 1st Respondent before the Punjab Haryana High Court.
The Memorandum proposed to hold an inquiry against 1st Respondent under Rule 14 of the Central Civil Services Classification, Control and Appeal Rules, 1965 companycerning her misconduct.
Subsequently the companycerned authority ratified this decision of rejection.
On 26/9/1994 1st Respondent was informed by the PGIMER that she was deemed to have permanently left the Institute with effect from 16/12/1991.
Therefore, she submitted that she was number given an opportunity to explain or defend herself and companysequently there is violation of the principles of natural justice.
She companytended in that petition that there companyldnt be an automatic termination of service without any charge sheet, departmental proceedings or enquiry against her.
8504 of 2000 is to issue a writ of mandamus directing the respondents to permit the petitioner to rejoin her duties immediately.
On 11/5/2000 1st Respondent moved Application CM No.
On 11/7/2000 CWP No.
Subsequently, PGIMER withdrew the charges against the 1st Respondent and tendered unqualified apology before the High Court.
4912 of 2000 in CWP No.
Here the order of termination was passed without hearing him.
16212 of 1992 was moved by the 1st Respondent before the High Court to stay the initiation of disciplinary action against her for number joining duty on expiry of the leave.
This request was rejected.
By the time, that on 27/12/1999 the 1st Respondent requested the PGIMER to allow her to join the duty by treating her extended ex India leave as leave under exceptional circumstances in the light of regulations 35 and 36 of the PGIMER Regulations, 1967.
This Application was rejected with liberty to her to move a separate petition to the same effect.
She did number respond to this request.
It is also clarified in the same Memo that the President rejected her application on the ground that numberexceptional circumstances existed to prevent her from joining the duty.
CWP No.
It challenges the Orders passed by PGIMER on 10/1/2000 whereby the joining report was rejected.
The High Court granted an interim Stay on 6/9/1994, made the same absolute on 21.9.1994.
The 1st Respondent, Mrs. Sumitra Dash, was working with the 2nd Respondent Post Graduate Institute of Medical Education and Research, Chandigarh PGIMER .
At her request, ex India extraordinary leave was granted to her by PGIMER with effect from 16/12/1991 for a period of two years by the Order made on 6/4/1992.
On 11/12/1993, 1st Respondent requested PGIMER for an extension of her ex India leave up to 15/12/1994.
This leave was sanctioned, inter alia, on the express companydition that she will neither resign seek voluntary retirement while on leave number will request for further extension of ex India leave.
That on 6/9/1994, an Application bearing No.
Arising out of S.L.P. C No.15995 of 2001 RAJENDRA BABU, J Leave granted.
