The discretionary nature of the writ of certiorari and the principles governing its issuance.

ORDER :

ANIL KSHETARPAL, J.

1. Through this writ petition, the petitioner, who is at present settled in the United States of America, prays for issuances of a writ in the nature of certiorari to quash the inquiry report dated 04.01.2008, order of punishment dated 25.04.2014 and subsequent order of punishment dated 16.01.2017/22.09.2018 and an order dated 27.12.2019 passed while dismissing the appeal. The petitioner also prays for direction to take a decision on the request of the petitioner for voluntary retirement and settlement of pensionary relief.

2. The petitioner has been dismissed from service on account of her unauthorized absence as she left the country on more than one occasion.

3. Some facts are required to be noticed.

4. She was appointed as SS Mistress on ad hoc basis on 22.12.1981. She claims that her services were regularized on 01.04.1985 and thereafter, confirmed on 31.01.1995. She, after the grant of Ex-India Leave without pay from 12.03.2005 to 11.09.2005 and sanction thereof, left the country. She claims to have submitted various applications seeking extension of leave between 2005 to 2007.

5. The Disciplinary Authority on coming to know that the petitioner has not come back, issued a charge-sheet on 04.10.2006 for unauthorized absence. She replied on 04.07.2007. In between she was permitted to rejoin the duty on 12.04.2007. Within five days of rejoining i.e. 17.04.2017, she applied for voluntary retirement by giving three month's notice. Thereafter, she left the charge on 25.07.2007 and once again, left the country.

6. Pursuant to the charge-sheet issued on 04.10.2006, an Inquiry Officer was appointed but the petitioner in spite of being served with notice multiple times, did not come forward to defend herself in the inquiry. The Inquiry Officer submitted a report on 04.01.2008. The petitioner, thereafter, filed a suit for declaration which was decreed on the ground that the petitioner would be deemed to have voluntary retired on lapse of a period of three months (notice period). However, a settlement was arrived at before the Lok Adalat during the pendency of an appeal and the department undertook to conclude the inquiry within a period of six months. Thereafter, the discipilnary authority gave an opportunity of personal hearing to the petitioner through public notice. The petitioner again did not enter appearance and hence, the Disciplinary Authority on 25.04.2014, passed an order dismissing her from the service.

7. Since the appeal filed by the petitioner was not decided for quite some time, in Civil Writ Petition No.22016 of 2017, directions were issued to decide the pending appeal. Pursuant thereto, the order in question has been passed.

8. Heard learned counsel for the petitioner at length and with his able assistance perused the paper book.

9. Learned counsel representing the petitioner contends that on 17.04.2017, she submitted a request for voluntary retirement which has never been rejected. Hence, subsequent orders passed by the authorities are perverse. As per the statement given before the Lok Adalat, the inquiry proceeding was required to be concluded within a period of six months, failing which the judgment of the trial Court was to come in operation. He submits that once the ultimate order dismissing the petitioner from service was passed after a period of more than six months, therefore, the petitioner would be deemed to have been retired voluntarily. In support thereof, learned counsel relies upon the judgment in Surinder Singh vs. State of Punjab and others, 2010 (8) SLR 658 and DAV College Trust and Management Society vs. State of Punjab, 2010(4) SCT 636.

10. These facts have been noticed from the pleadings of the writ petition. It is apparent that the petitioner was never interested in employment after she went to USA in the year 2005. Firstly, she did not come back after the period of sanction of Ex-India Leave came to an end. Thereafter, when the inquiry proceedings were initiated she came back