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The Punjab and Haryana high court has dismissed an appeal by the state on the ground of delay (and lack of merit). It has also condemned the casual approach by the state in filing of appeals.
The case has its genesis in an award dated April 30, 2014, passed by the labor court. The respondent-anganwari worker, vide the order, was granted relief of reinstatement with continuation in service along with 50 per cent of wages from back date. The respondent was appointed an anganwari worker in July 1996. Her services were terminated in August 2007 on the charge of embezzling funds. The Haryana State Women & Child Development Department
appealed against this order asserting that the claimant had confessed her guilt and no full-fledged inquiry is needed in view of the confession. Further, the state contended that she was not holding a “civil post”, and 1987 Rules did not hold the field.
In its application seeking condonation of delay, appellant-Haryana Director, Women and Child Development, submitted before the Division Bench of Justice Ajay Kumar Mittal and Justice Tejinder Singh Dhindsa that the HC Registry had raised certain objections necessitating the re-filing of the appeal.
The Hon’ble High court rejected the contentions holding that” The only justification being put forth is that due to the lengthy process in dealing with the case filed by the government department concerned, delay in re-filing has occurred. The instant application only reflects the casual approach adopted by the state government in pursuing the appeal that had been filed. the stand taken on behalf of the appellant-state on not requiring a full-fledged inquiry in light of admission of guilt was misconceived and contrary to record. A joint statement by four employees, including the respondent on the quantum of expenditure and withdrawal of money, by no stretch of imagination could be construed as an admission of guilt regarding embezzlement of funds. Prayer is declined”
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