Non-compliance with procedural rules vitiates disciplinary proceedings and dismissal of a deceased employee is invalid.

JUDGMENT :

The matter is heard through video conferencing.

2. The petitioner is a widow of a deceased employee, Late Mr. Ram Prasad Singh. Her husband, was initially appointed with the respondents in the capacity of an Assistant Teacher, as back as, on 12.12.1990. With the gradual process, due to the services, rendered by him, he after grant of promotion; at the relevant point of time, when the impugned action has been taken against him he was working as a Head Master, at Narendra Nagar, Fakot, Tehri Garhwal.

3. The entire controversy upto this stage, as against the Late husband of the petitioner was initiated by way of a complaint, which was registered by one of the practicing Advocates of the District, Mr. Akhtar Hasnain Rizwi, who lodged the complaint against him, it was to the effect that on the basis of the Information, which he had received under the Right to Information Act, from the Registrar Secretary, Exam Controller Allahabad, Uttar Pradesh, the High School certificate of the husband of the petitioner, based on which the Late husband of the petitioner got an appointment on 12.12.1990. It is mentioned in the complaint that in the year 1975 the Roll No. 27265, which was allotted to Government Diksha School, Fatehpur, and the applicant student of that Roll number, was declared to be failed and, hence, the complaint was based on the fact that the Late husband of the petitioner, when he applied for appointment, he had procured the appointment, which was based on a fraudulent certificate. Hence, the appointment right from the date of its inception was based on providing of a fraudulent document, hence was illegally procured by the husband of the petitioner.

4. Under the aforesaid backdrop, a charge-sheet was issued as against the Late husband of the petitioner on 29.06.2015, for the purposes of conducting a departmental enquiry, in relation to the set of allegations of having procured the appointment by furnishing of a fraudulent document. On the receipt of the charge-sheet, which was in consonance to the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003, the same was replied by the late husband of the petitioner by submitting his detail reply on 11.07.2015, denying the allegations levelled in the charge-sheet against him.

5. The late husband of the petitioner during the course of the disciplinary proceedings and in response to the charge-sheet and the reply submitted thereto, had produced various documents, including the alleged fraudulent documents, on 13.02.2015, as well as on 19.02.2015; to be taken into consideration by the Inquiry Officer, for conducting the disciplinary proceedings against him under the Rules of 2003. He has submitted that the complaint submitted by Mr. Akhtar Hasnain Rizwi, Advocate, is absolutely frivolous and based on enmity and personnel vendetta, which he catered against the late husband of the petitioner and, hence, the same cannot be relied with and taken as basis of the disciplinary proceedings.

6. At the time when the late husband of the petitioner was alive; he was suffering from various serious ailments including the ailment, which he was carrying of heart disease. Owing to the fact that he was unable to cope up with his official responsibilities, it is the case of the petitioner that his late husband had filed an application on 10.01.2016, for granting of the VRS. When no decision was taken on the same, the late husband has submitted, the reminders on 03.06.2015 and on 02.06.2015, before the Deputy Education Officer, Narendra Nagar, and also before the District Education Officer, Tehri Garhwal, along with all medical documents in support thereto, for considering his request for a voluntary retirement.

7. The contention of the petitioner in the writ petition, is that the application thus submitted by the late husband of the petitioner, for grant of voluntary retirement on account of ailment, the same was forward with favourable remarks by the Deputy Education Officer to the off