DAMARI KUMARI CHETRY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, learned counsel appearing for the writ petitioner. Also heard Ms. B. Sarma, learned CGC, appearing for the respondents.

(2.) The elder son of the writ petitioner, viz. Joy Chetry was appointed as Security Assistant/G under the Subsidiary Intelligence Bureau (SIB) on compassionate ground vide appointment order dtd. 10/1/1989. Pursuant to the order of appointment, Joy Chetry had joined service on 3/2/1989. During the course of his service, Joy Chetry was posted at Kokrajhar. On 31/7/1998, Joy Chetry was entrusted with the work of delivering official dak (mail) from Kokrajhar to Rangia FCP Deosiri. However, after he had left for Rangia on 31/7/1998, Joy Chetry went missing. In other wards, since 31/7/1998, the whereabouts of Joy Chetry has not been known to any person including his family members or his employers. In the meantime, by the order dtd. 14/5/1999, Joy Chetry has been dismissed from service on the ground of unauthorized absence from duty. Aggrieved thereby, his mother has approached this Court by filing the present writ petition.

(3.) It is the case of the writ petitioner that since she was residing with her younger son at Sonitpur, she did not have any knowledge about the fact that her elder son Joy Chetry had gone missing while on duty. It was only on 26/8/1998, upon receipt of a memorandum issued by the respondent authorities directing Joy Chetry to resume duty, that she came to know about the fact that her elder son had gone missing. Thereafter, several rounds of enquiries were made by her pertaining to her missing son, pursuant whereto, FIR was also lodged with the Police. However, despite all efforts to trace out Joy Chetry, he has remained untraceable till today. Notwithstanding the same, the respondent authorities had initiated a departmental proceeding against Joy Chetry by submitting charge sheet dtd. 29/5/1997, where-after, the elder son of the petitioner, viz. Joy Chetry was dismissed from service with immediate effect.