JETHI DEVI Vs. BHAKRABEAS MANAGEMENT BOARD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment and decree dated 22/10/1993 of the High court of Himachal Pradesh in RSA No. 261 of 1992. Admitted facts are that when 0m Dass, a government servant died in harness, a prayer was made to rehabilitate one of the dependents. His widow, he appellant herein, laid the claim for appointment as a Class IV employee and was so appointed. When her services were terminated, she Filed Suit No. 6 of 1988 in the court of Subordinate Judge, Mandi, H. P. and the Chief Judge by the judgment and decree dated 30/11/1989 decreed the suit. On appeal, it was confirmed. But in the second appeal, the High court reversed the decree primarily on the ground that in the enquiry conducted by the respondent-Board revealed that the appellant had married Chandermani, the brother of 0m Dass, and she concealed the factum of marriage and the birth of a daughter. Therefore, she is not a widow of Om Dass, the deceased employee. It was also found that she gave a false affidavit. Consequently, she is not entitled to the benefit of rehabilitation scheme.

(3.) The question is whether the appellant had made any false statement. It is clear from the written statement filed by the respondent in the trial court, enclosing the enquiry report submitted by SDO (C) Chachiot, that the appellant and her husband 0m Dass were living as members of the Hindu joint family with Chandermani, her brother-in-law, and other members. Onenquiry, it was also revealed that the marriage between Chandermani and the appellant was not solemnised and a child was born to the latter.