IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 1167 of 1988 Date of decision: 2nd December, 2008 Smt. Harbans Kaur … Petitioner Versus Deputy Commissioner & President, Red Cross Society, Sangrur … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mrs. Malkiat Mann, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present writ petition has been filed by Smt. Harbans Kaur against the Deputy Commissioner and President of Red Cross Society, Sangrur, under Article 226/227 of the Constitution of India, for issuance of a writ in the nature of certiorari quashing the impugned order dated 29th October, 1987 (Annexure P-4), whereby a resolution was passed and services of the petitioner were terminated due to her absence. Case of the petitioner is that she was appointed as a Dai (Midwife) in the Red Cross Maternity and Child Health Centre through District Employment Officer, Sangrur on 1st October, 1973. It was stated that she was found absent and she was served upon a show cause notice (Annexure P-2). An explanation was furnished that she had gone along with a lady patient, for her treatment, to the City. She denied that she was absent for one or two weeks. She relied upon a certificate issued by a Sarpanch (Annexure P-3). Notice of motion was issued. Civil Writ Petition No. 1167 of 1988 Reply has been filed on behalf of the Deputy Commissioner, Sangrur. It has been stated therein that Red Cross Society is not a State. Therefore, President of Red Cross Society cannot be made party. In reply, they have stated that a surprise check was carried and it was found that petitioner was not present. Residents of the area were complaining that Dai Centre (Midwife Centre) was not functioning properly as nobody used to attend the same. It has been further stated that Sarpanch has stated that the petitioner had gone with a patient on 4th September, 1987 to the City, whereas petitioner has stated that she went to the City only on 11th September, 1987. It was stated by the authorities, thus it can be safely inferred that she was absent for one week i.e. from 4th September, 1987 to 11th September, 1987. No body has caused appearance for the Red Cross Society. From the averments made, it is evident that Red Cross Society is not a State under Article 12 of the Constitution of India. Deputy Commissioner is ex-officio President of Red Cross Society. Therefore, present writ petition is not maintainable. Even otherwise, petitioner was a temporary employee. Her long absence has been found during surprise check. People of the locality had complained about the absence of the petitioner. Therefore, there is no merit in the present writ petition and the same is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE December 2, 2008 rps 2