K DEVAKI Vs. SUPERINTENDENT CENTRAL PRISON

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner has filed O. A. No. 2903 of 1997, seeking to challenge the order dated 27. 11. 1996 passed by the respondent, by which the petitioner's husband was declared to be a deserter and his name was struck off from the Rolls. On notice from the Tribunal, the respondent has filed a reply affidavit, dated 11. 06. 1997. Further, on direction from this court, the original records relating to this case was also circulated.

(3.) IT was claimed by the respondent that the petitioner's husband stopped from attending to his duty from 23. 03. 1995. They also claimed that a telegram was received sent in his name on 26. 04. 1995 requesting permission to extend his leave. Since the petitioner's husband had absented from duty without any leave application, he was considered as a deserter in terms of Rule 128 (2) of the Tamil Nadu Prison Manual Volume-II and therefore, it was declared that he was a deserter from duty with effect from 23. 3. 1995. A letter was sent to the petitioner to that effect.