1. - The petitioner has assailed penalty of removal from service imposed by the Disciplinary Authority State Government (respondent No. 10) by its order dated 28.8.1992 (Ann. 35) in disciplinary proceedings initiated against her under charge sheet dated 17.11.1987 (Ann. 5).

2. Two charges were framed against the petitioner:(1) that she is guilty of having remained wilfully absent from Government service while working as Dietician, SMS Hospital, Jaipur for a period from 11.10.1982 to 11.1.1987; and (2) that she is guilty of having gone abroad (Nigeria) without prior intimation and permission by obtaining No Objection Certificate from the State Government and the Head of Department. To the aforesaid charges, a statement of allegations was also served upon the petitioner.

3. For charge No. 1 it has been alleged in the statement of allegations, the petitioner had submitted an application for grant of extra ordinary leave from 11.10.1982 for three months on the ground of her newly born child being sick, whereafter she extended leave for six months from 10.1.1983 by sending letter of application to the Superintendent SMS Hospital, Jaipur, who by his letter dated 28.1.1983 refused to grant the leave applied for and extended by her, rather she was directed to resume her duty since otherwise proceedings under Rule 86(1), RSR were to be initiated but she did not report for duty and rather remained absent without application and thus has been absent from 11.10.1982.

4. For charge No. 2 in the statement of allegations it has been alleged that the petitioner had gone to meet her husband abroad (Nigeria) without prior intimation and permission or obtaining No Objection from the State Government, as has been admitted in her letter dated 15.1.1987 and thus by wilful absence from 1.10.1982 she remained abroad in defiance of the orders of the State Government and returned back on duty by attending on 12.1.1987, for which she is responsible.

5. Undisputed facts are that after due selection by Rajasthan Public Service Commission (for short "RPSC") the petitioner was appointed as Dietician by an order dated 12.1.1977 of the State Government. In the year 1981 while she was posted in SMS Hospital, Jaipur as Dietician upon her application she was issued no objection certificate (Ann. 1 dated 6.5.1981) to go abroad for a period of two months to USA to meet her relatives on following conditions:

"1. Smt. Sujata Malhotra will proceed abroad after getting her leave duly sanctioned from the competent authority.

2. She will not extend the period of stay abroad without approval of the State Government.

3. She will not accept any foreign assignment during her stay abroad.

4. She will not undertake any study while abroad.

5. Her resignation from abroad will not be accepted.

6. It is confirmed that no foreign exchange will be made available through any Government channel.

7. In case of violation of any of the conditions or undertaking given by Smt. Sujata Malhotra her service shall stand terminated.

6. Further it is an admitted fact that the petitioner was granted maternity leave for three months from July 1982 and after availing of this leave she worked upto 10.10.1982 and on 11.10.1982 she applied for leave for three months as her newly born child was not keeping well. As per reply to the writ petition the respondents have admitted to receive her application for grant of extra ordinary leave of three months form 11.10.1982 and further extension of that leave for six months. The repondents have submitted xerox copy of application dated 11.10.1982 (Ann.R-1) and extension of leave application dated 10.1.1983 (Ann. R-2) fox six months. The respondents have further admitted in the reply to have received petitioner's application from Nigeria which was produced as Annexure R. 6.

7. Admitedly, after having remained absent from duty from 11.10.1982 to 11.1.1987 the petitioner resumed and joined her duty by attending the office on 12.1.1987 in SMS Hospital, Jaipur and th