GOVERNMENT OF NCT OF DELHI

OFFICE OF THE DIRECTOR OF EDUCATION

"

(DIRECTORATE OF EDUCATION)
OLD SECTT., DELHI

l'1'~\~-Z
6

No. DE.7/1 07/DPfTGTNig/HQ/2015/

ORDER
WHEREAS,

Srnt.

was charge sheeted

Sushma

Sharma,

TGT(N.Sc),

under Rule 14 of CCS (eCA)

No.F.DE-47/ENig/2010/1541

dated 25.8.2010

GGSSS,
Rules,

Jhilmil

Colony,

Deihl

1965 vide Memorandum

for the following

article of charge:-

''Article-I
Whereas the Principal. GGSSS, Jtulmil Colony, has informed Ihal Smt. Sushma
Sharma;,

TGT(NSc)

Sydney(Auslralia)

who

was

w.e.t. 1012008

permitted

to

leave

the

country

for

10 7.10.2008 had attended Ihe school uplo

25.7.08 and after leaving the country she has unauthorisedly absenting from her
duties and not joined her dulies till-date.

And whereas her application dated 19.11.2008 for extension

upio 11/2/2009

was rejected by the competent

iO.1.09.

But een after sending

Sharma,

TGT(NSc)

authority

severe! communications

of earned leave
vide order dated
to Smt. Sushma

she has not joined her dulles till dale and absenting from

dulies unauthorisedly

Thus the above

said misconduct

'f unbecoming

TGT(NSc.)

011

the part of Smt. Sushma

Sharma,

of a Gov! servant under rule 3 ofthe CCS(Conducl)

Rules, 1965,

AND
Yadav,

WHEREAS,

Principal,

GGSSS,

Vihar, Delhi were appointed

case

rv
~

Officer

vide orders

dated

on denial
Kanf

by the Charged

Nagar, Delhi and Smt

14.12.2010

Due to administrative

a ~umber

Official

, Smt.

Officer,

respectively,

reasons,

the

of times and lastly, SrnJ:. Manju

Kanti Nagar, Delhi was appoinled

Neelam

Rttu Vig, Head Clerk, SV, Anand

as Inquiry Officer and Presenting

in the case was changed

CI~r~, GGSSS,

of charge

in the

Presenting

Puri, Head

as PO vide order dated 31.1.2011.

Conld

2-

AND WHEREAS,

the Inquiry Officer has submitted her report dated 6.12.2014

thereby proving the article of charge framed against the Charged Official.

AND WHEREAS; a copy of the inquiry report was furnished to the Charged
Official

for making her representation, if any there upon, vide memorandum dated

1.7.2015. The Charged Official has submitted her representation 20.9.2015 on the said
inquiry report

AND WHEREAS, the Charged Official in her above representation has submitted
that on 26.7.200~ she proceeded on sanctioned earned leave of 90 days for the
admission of her daughter in Australia, but since they could not reach there in time, the
admission of her daughter was delayed for several months which compelled her to stay
there for the said purpose as there was no option to wait for the turn. Surrounded by the
critical circumstances,

she applied for extension of leave vide application dated

19.10.2008 i.e. well before the expiry .of sanctioned leave period..

AND WHEREAS', the Charged Official has submitted that her application for
extension of leave was rejected by bluntly violating the provisions of rule 12 of leave
rules which specifies that in exceptional circumstances, leave can be granted for
continuous period of 5 years.

AND WHEREAS, the Charged Official has further submitted that while abroad,
she met with an accident and sustained serious injuries

In

her shoulder, ribs and chest

which pushed her to undergo long treatment at abroad. However, the Charged Official
without any break and well in time applied for leave and apprised the concerned
authorities about her said ailment and submitted her medical prescriptions.

AND WHEREAS,

rv
~

the Charged Official has submitted that the concerned

authorities also failed to appreciate the provisions .contained in rule 45 of Leave rules
w~~re there is provision of grant of sp.ecial Disability Leave for accider:!taljnjur~.
.

Contd.

3AND WHEREAS,
5.7.2011,

It has further been contended

she went to the Principal of the school and requested

duties but the Principal

presented

by the Charged

mala fide did not allow to resume

herself ~efore the Dy. Director of Education(East)

Official that on

to allow her to join the

her duties. Thereafter,

and requested

she

her to direct

the concerned school to allow her for joining but that too did not find favor.

AND
submitted

WHERE~S,
that

consideration

the

in the end of her representation,

Inquiry

while

submitting

the Charged Official's un blemished

been awarded

and accolades

AND WHEREAS,
memo,

Officer

Inquiry

Report

and appreciations

the undersigned

and

AND WHEREAS,

other

relevant

Authority

report

has

Official

has

not taken

into

past service records in which she has

of her distinguished

work

has carefully gone through

the chargesheet

record of the case adduced before me.

perusal of the record reveals that the Charged

granted NOC for visiting Sydney(Australia)

the Competent

her

the Charged

Official was

during the period 10.7.2008 to 7.10.2008

vide memorandum

dated 25.6.2008

will not s1ay abroad beyond the period for which permission

by

with the condition that she

was. accorded.

The Charged

Official was supposed to join her duties -w.e.f. 8.10.2008, afler expiry of period for which
permission was accorded, however, instead of joining her duties, she sent an application
dated 19.10.2008, that too after expiry of sanctioned leave, for extension of earned leave
upto 11.2 2009, on family circumstances.
that the Charged

Applying for extension of leave clearly indicates

Official failed to comply with the terms and conditions

the NOC dated 25.6.2008

AND WHEREAS,

as laid down in

on receipt of application dated 19 10.2008 from the Charged

Official, a letter dated 17.11.2008 was Issued to her by the Head of School intimating that
her request for extension
accordingly

directed

of earned

to immediately

leave was rejected and the Charged

join her duties

In spite of specific

JOining the duties issued to the Charged Official vide letter dated 17.11.2008,
duties.

Thereafter,

numerous

memorandums/show

cause

Official was
directions

for

she failed to
notice

dated

Contd ..

I
,

3.1 1 2009,
concerned

- 4-

22.4.2009

and

13.8.2009

were

issued

to the

Charged

Official

by the

Dy Director of Education to join her duties, however, the Charged Official

issued by her superior authorities

failed to comply the directions

and never Joined the

duties since then, thus proving the willful absence on part of the Charged Official

AND WHEREAS,

as per provisions

7 of the CCS(Leave)

of rule

leave cannot be claimed as of right and when the exiqences

of public service so require,

leave of any kind may be refused or revoked by the authority competent

request

for extensipn

1910.2008

of leave

was duly considered

Official

to grant it. The

vide application

dated

by the competent authority before rejecting the same.

AND WHEREAS,

made by the Charged

Rules, 1972,

contention

of the Charged

Official that she was entitled for

grant of Special Disability Leave as per provisions contained in rule 45 of Leave Rules is
not tenable as it is clearly indicated in the said rule that the period of leave shall be such
as is certified by an Authorised

AND WHEREAS,

Medical Attendant

contention

which is not done in the present case.

of the Charged Official that she was not allowed to

join her duties by the school authorities as well as by the district authorities on 5.7.2011 is
f

also not tenable

as there is nothing on record which proves her said contention.

Charged Official has also not submitted any documentary

claim which shows that it is just an afterthought
"

The

evidence in support of her said

attempted by the Charged Official to turn

the matter in her favor.

I

AND WHEREAS,
case as per provisions
into consideration
undersigned

the Inquiry Officer has conducted the inquiry proceedings

contained

in rule 14 of the CCS(CCA)

all the facts/record

government

rY~

Rules, 1965 and has taken

of the case before concluding

her findinqs.

The

fully agrees with the findings of the Inquiry Officer.

AND WHEREAS, willful and unauthorized

8.10.2008

in the

to till date
service.

shows

The same

absence

of Charged

that the official is no more interested

is corroborated

Official

w.e.f.

to continue

in

"

by the fact that in spite of declaring

completely fit to do light duties by the Medical Practitioner Vide certificate dated 5 12012,
::ed

Officia.l: has not joined her duties till date.

Contd ..

5NOW, THEREFORE, the undersigned, being the competent authority, after taking
into consideration the facts and all the relevant record of the case, hereby imposes a
penalty of 'Removal'

from service upon Smt. Sushma Sharma, TGT(N.Sc.) with

immediate effect Further, the unauthorised absence period w.e.f 8.10.2008 to till date in
respect of the official be treated as 'Dies-Non' for all purposes.

I order accordingly.

I'"~'

Director(Education)

smt. Sushma Sharma, TGT(N.Sc.),

GGSSS, Jhilrnil Colony, Delhi.
through DDE(East}

No. DE 7/107IDPfTGTNig/HQ/2015!lY3\-5

'f!o'1/1

Dated-Cl

Copy forwarded for information and necessary action to:

1. 6DE(East), Dte. of Education, Delhi.
2. ADE(E-III), Dte. of Education, Delhi.
3. )'l0S/DDO/PAO concerned through DDE(East).
vY OS(IT), Dte. of Education, Delhi.
5. Guard file.

(A~ta)
Dy. Director of Edn.(Vig.)

. ,I

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