Pushpa Bhargava v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20095 of 2021 ====================================================== Pushpa Bhargava wife of Late Ram Naresh Bhargava, resident of Divya- 21, Chinar Fortune City, Moshargabad Road, Bhopal (Madhya Pradesh) ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Human Resources Development Ministry, North Block, Delhi.

2.

The Chairman, Kendriya Vidyalaya Sangathan, 18 Institutional Area, ASaheed Jeet Singh Marg, New Delhi.

3.

The Vice-Chairman, Kendriya Vidyalaya Sangathan, 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi.

4.

The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi.

5.

The Assistant Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Patna, Lohianagar, Kankarbagh, Patna. 6.

The Education Officer Cum Enquirty Officer, Kendriya Vidyalaya Sangathan, Regional Office, Patna, Lohianagar, Kankarbagh, Patna.. 7.

The Chairman, Vidyalaya Management Committee, Kendriya Vidyalaya No. 11, Army Service Core (North) Paharpur, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kanhaiya Pandey For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 01-07-2022 The matter is heard through video conferencing.

2. In the present petition, petitioner has prayed for following reliefs:

"1. That this application is being filed against the order dated 31.12.2012 contained in annexure-6 passed by respondent no. 3 Vice

Patna High Court CWJC No.20095 of 2021 dt.01-07-2022 2/3 Chairman, KVS, as appellate authority by which the appeal filed by the petitioner has been dismissed and the order of the punishment passed against the husband of petitioner regarding his termination dated 03.05.2000 contained in annexure-1 has upheld.

2. That the petitioner prays for following RELIEFS i) That the order dated 31.12.2012 passed by respondent no. 3 Vice Chairman, KVS, contained in annexure-6 may be quashed.

ii) That the punishment order dated 03.05.2000 respondent no. 4 contained in annexure-1 may be quashed.

iii) That the respondents may be directed to threat the husband of the petitioner reinstated in service and make payment of entire arrears of salary and post retiral dues.

iv) That any other relief or reliefs may be allowed which will be just, proper and equitable on the opinion of this Hon'ble court."

3. The petitioner is wife of late Shri Ram Naresh Bhargava. Deceased employee's services were terminated on 03.05.2000 and his appeal was rejected on 31.12.2012. In respect of orders dated 03.05.2000 and 31.12.2012 issued by Respondent Nos 4 & 3, petitioner has presented this petition in the year 2021. There is delay and laches on the part of the petitioner. That apart, petitioner had remedy before the jurisdictional Central Administrative Tribunal. Against

Patna High Court CWJC No.20095 of 2021 dt.01-07-2022 3/3 impugned orders dated 03.05.2000 & 31.12.2012, petitioner has not challenged any order of the tribunal as is evident from the pleadings including the relief sought in the present petition.

4. Accordingly, the present petition stands dismissed.

(P. B. Bajanthri, J) ( Rajiv Roy, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 07.07.2022 Transmission Date