Sapna Devi vs State Of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1565

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA
Sapna Devi – Appellant
Versus
State Of Himachal Pradesh – Respondent

Advocates Appeared:
For the Petitioner:Mr. Onkar Jairath, Mr. Piyush Mehta, M.A. Safee, Advocate.
For the Respondent:Mr. Navlesh Verma, Additional Advocate General. Constable Manish No.871, present in person with records.

JUDGMENT :

Ranjan Sharma, J.

Petitioner Sapna Devi, a Constable, having been discharged from service had filed Original Application No.1313 of 2015 before the State Administrative Tribunal and upon abolition of Tribunal, the matter stood transferred to this Court, as CWPOA No.5173 of 2019, seeking the following reliefs :-

“(i). That the impugned Office Order dated 22.04.2015 (annexure A-12) and the dismissal order dated 25.08.2010 (Annexure P-8), whereby, the services of the petitioner have been brought to an end without appreciating the fact that it was all due to her illness that she kept her absent from the Training Schedule may kindly be quashed and set aside.

(ii). That the Respondents may be directed to Re-instate the Applicant in her services.”

FACTUAL MATRIX:

2. Grievance of the petitioner is that on the recommendations of the Selection Committee, the petitioner was appointed as a Lady Constable in 5th IRBn [Mahila] Bassi, District Bilaspur on 01.01.2010 [Annexure A-1]. Upon appointment, the petitioner was to undergo the training as required under the applicable norms. It is further averred that the petitioner remained absent on account of ailment as per the Medical Certifi