KUSUM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the record.

(2.) This petition has been filed challenging the order dated 09.12.2010 passed by the respondent no.3, the Inspector General of Police, Meerut, dismissing the petitioner's husband on grounds of unauthorized absence.

(3.) The petitioner who is widow of Late Ram Prasad has filed this petition alleging that her husband Late Ram Prasad was posted as Constable in Civil Police and had fallen seriously ill when he returned home from duty on 24.04.2007. A preliminary Inquiry was conducted which recommended regular disciplinary proceedings to be initiated against the petitioner on 16.04.2008. The charge framed by the respondent was that Late Ram Prasad had remained unauthorizedly absent with effect from 24.04.2007 to 15.02.2009. In the Departmental Inquiry, Ram Prasad had admitted to the fact of his absence and mere admission had been treated as admission of his guilt also regarding unauthorized absence and the order of dismissal was passed. Although the Inquiry Officer, while submitting his Inquiry Report had recommended that Ram Prasad should be warned and should be placed on minimum pay scale for three years, the petitioner's husband was dismissed by the order dated 09.12.2010 and died thereafter, on 25.12.2010 as he continued to be seriously ill.