LAWS(DLH)-2017-4-25

KUSUM CHAUDHARY Vs. COMMISSIONER OF POLICE

Decided On April 17, 2017
Kusum Chaudhary Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) The petitioner assails the order dated 13.10.2014 passed by the Central Administrative Tribunal (the Tribunal) in O.A. No.1046/2009; the order dated 02.03.2007 passed by the Additional Deputy Commissioner of Police (ED), whereby punishment of dismissal was imposed upon the late husband of the petitioner; the order dated 22.10.2007 dismissing the statutory appeal preferred by the petitioner's late husband and; the finding of the inquiry officer against the late husband of the petitioner. The petitioner also seeks a direction to the respondents to grant the pay & allowances to the petitioner on the basis of the qualifying service rendered by her late husband till the date of his death, and to further grant family pension and retiral benefits to the petitioner with all arrears and consequential benefits.

(2.) We may observe that when notice was issued in this petition on 10.08.2015, it was stated on behalf of the petitioner by the learned counsel that the petitioner would be willing to forego all other benefits, provided she is granted family pension. On that premise, notice was issued in the petition to the respondents. The respondents have contested the petition and it is submitted that the petitioner cannot be granted any relief on account of the fact that the late husband of the petitioner was dismissed from service after finding him guilty of a serious misconduct. Consequently, the submissions of learned counsel have been heard and we proceed to judgment.

(3.) The conduct of the petitioner's late husband Ex-Constable Yashbir Singh and another Ex-Constable Harbeer Singh of Delhi Police was inquired into in a departmental inquiry.