M MAYAKAL Vs. DISTRICT FOREST OFFICER

JUDGEMENT

(1.) A moot point which has arisen in this writ petition is whether the wife of the deceased Government servant can challenge the order of removal after his death.

(2.) FACTS leading to the writ petition are as follows:The petitioner-s husband, Mr. K. Mokkanayan, was initially appointed as Plot Watcher and after serving for nearly 15 years, he was appointed as Forest Reserve Watcher. A charge memo, dated 5.2.1993, was served on her husband, alleging that he had produced a false educational Certificate, mentioning that he had studied upto 5th Standard. According to the petitioner, when the disciplinary proceedings were pending, her husband died on 31.5.1994. An information was sent to the District Forest Officer by telegram on 4.6.1994. After a lapse of seven months, in January 1995, an order of removal dated 31.5.1994 passed by the respondent, was served on the petitioner. Challenging the order of removal, the petitioner has filed Original Application before the Tamil Nadu Administrative Tribunal, and prayed for a direction to set aside the same with a consequential direction to the respondent to pay all the terminal benefits and the same has been subsequently transferred to this Court and renumbered as present writ petition.

(3.) THE respondent has further submitted that the enquiry officer-s report was prepared on 3.5.1994, holding that the charges as proved. It was served on the government servant on 20.5.1994. THE final order of removal was passed on 31.5.1994, the date on which, he died. THE respondent has contended that the order of removal had come into effect from the moment it is signed in the Office Note and therefore, the master and servant relationship had already been terminated with effect from 31.5.1994.