LAWS(GJH)-2009-1-15

AYSHABEN ALLARAKHABHAI PUNJABHAI VADDARIA Vs. STATE OF GUJARAT

Decided On January 16, 2009
AYSHABEN ALLARAKHABHAI PUNJABHAI VADDARIA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE petitioner has prayed to quash and set aside the impugned order dated 5th April 2005 passed by respondent no. 3 and order dated 2nd December 2004 passed by respondent no. 2 denying family pension and other terminal benefits to the petitioner and to direct the respondent authority to pay such benefits to the petitioner.

(2.) THE petitioner's husband was serving as Mobile Driver with "b" Division Police Station in Rajkot City under the respondents. In pursuance of complaints filed by one Zarinaben on 6. 1. 2001 against the petitioner's husband, a chargesheet was issued to him on 9th April 2001 and another chargesheet was issued on 12th April 2001. A departmental inquiry was initiated and ultimately the petitioner's husband was dismissed from service. Against the order of dismissal the petitioner's husband preferred an appeal which came to be dismissed on 5th April 2005.

(3.) MS Shilpa Shah, learned Advocate for the petitioner submitted that the impugned orders are illegal and arbitrary and in the departmental proceedings all the witnesses were interested ones.