LAWS(GJH)-2010-10-293

KUSUMBEN WD/O PRADIPBHAI MAYATRA Vs. SECRETARY

Decided On October 26, 2010
Kusumben Wd/O Pradipbhai Mayatra Appellant
V/S
SECRETARY Respondents

JUDGEMENT

(1.) RULE . Mr. Soni, learned Assistant Government Pleader waives notice of Rule for Respondents No. 1 to 3. With the consent of the learned Counsel appearing for both the parties, the matter is finally heard today.

(2.) THE petitioner by this petition has challenged the order passed by the Disciplinary Authority of imposing punishment of removal from the service and its confirmation by the Revisional Authority. The petitioner has also prayed to direct the respondents to consider the case of the petitioner for compassionatory pension, gratuity and other retirement benefits.

(3.) IT appears that the husband of petitioner was working as Police Constable and he remained constantly absent during the period of 1995 -96. As per the Department, he remained absent from 4.2.1995 to 6.6.1996, 186 days, in spite of specific intimation given to him to resume the duties when the election of Parliament was to be held. Since husband of the petitioner did not join the duties, criminal complaint was also filed against him. Thereafter, the charge -sheet was issued and the inquiry was held. After holding inquiry, the petitioner was found guilty and after opportunity of hearing, the Disciplinary Authority has imposed punishment of removal from the service upon husband of the petitioner.