KUNTI Vs. U P SERVICES TRIBUNAL

JUDGEMENT

(1.) By means of the present writ petition, the order dated 31st October, 1996, passed by the U. P. Public Services Tribunal in Claim Petition No. 1022 of 1995 has been challenged by the widow and the sons of Late Sri Ram Narain Rai.

(2.) Ram Narain Rai was a police Head Constable who was dismissed from service by means of order dated 3rd August, 1993 passed by the Commandant, 4th Bn. P.A.C. Allahabad. Ram Narain Rai died on 12th of December, 1993. The petitioners filed a Claim Petition No. 1022 of 1995. During the pendency of the said claim petition, a representation was made to the D.I.G., P.A.C., Allahabad. The said representation was dismissed by the D.I.G., P.A.C., and thereby the appeal of Late Sri Ram Narain Rai was also dismissed, This order dated 20th April, 1996 and so also the order dated 31st October, 1996 whereby the claim petition was dismissed as not maintainable, have been challenged in the present writ petition.

(3.) It appears that Head Constable Ram Narain Rai had consumed liquor on 24th October, 1992 and in drunken condition in the evening had misbehaved, abused and assaulted several police personnel at Police Station. Karari, Allahabad and for these acts of Indiscipline, he was sentenced to 28 days' Cell punishment at the Quarter Guard by means of order dated 5th January. 1993. During this period on 16th January. 1993, Head Constable Ram Naratn Ral was found in drunken condition at the Quarter Guard and the disciplinary enquiry was Initiated. He was found guilty of misconduct in departmental proceedings and, therefore, was dismissed from service by means of order dated 3rd August, 1993. Head Constable Ram Naraln Rai died on 12th December, 1993. The representation dated 1.9.1994 made by his widow petitioner No. 1 Smt. Kunti Rai was considered by the D.I.G., P.A.C., and the said representation was dismissed. The claim petition which was earlier filed by the widow and the sons of the dismissed Head Constable, was rejected on the ground that it was not maintainable.