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2009 Supreme(SC) 1553

TARUN CHATTERJEE, R.M.LODHA
State of Punjab – Appellant
Versus
Lalita – Respondent


Advocates appeared:
For the Appellants:Ajay Pal, S.K. Srivastava, Rajesh Singh, Advocates.
For the Respondent:Mukund Gupta, Dhiraj, Mrs. Reeta Dewan Puri, Abhishek Puri, P.N. Puri, Advocates.

Judgment :-

R.M. Lodha, J.

Leave granted.

.2. The State of Punjab and its functionaries have preferred this appeal by special leave being aggrieved by the order dated November 30, 2007 passed by the High Court of Punjab and Haryana whereby it allowed the writ petition filed by the present respondent and set aside the order dated February 07, 2007 passed by the appellate authority and imposed cost of Rs. 25,000/- upon the present appellants.

2.3. Smt. Lalita - respondent was engaged as a Telephone Operator for 89 days in the office of Head Officer, Excise and Taxation Department on March 07, 1996. On May 22, 2003, she applied for medical leave for a period of one month i.e. upto June 21, 2003. The said application for medical leave was granted without pay. She did not join her duties on expiry of leave but continued to apply for further leave including the maternity leave from September 16, 2003 to March 16, 2004. Having remained absent for almost nine months, initially, she was given a show cause notice dated March 16, 2004 and later on she was served with a charge sheet on June 04, 2004 under Rule 8 of Punjab Civil Services (Punishment and Appeal) Rules, 1970 (for short "Rules, 197







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