AMRITA PRAVA HAJONG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HAVING refused to pay the family pension in terms of the impugned order dated 11. 1. 2007 passed by the Superintendent of Police, Ri-Bhoi District, Nongpoh to the petitioner, wife of late G. Ch. Hajong, since deceased, who was serving as UB SI in the Meghalaya Police Department, the petitioner has approached this Court.

(2.) I have heard Ms. S. Bhattacharjee, learned counsel for the petitioner and Mr. N. D. Chullai, learned Senior Government counsel appearing for the official respondents.

(3.) THE facts as projected in this writ petition are not disputed. The husband of the petitioner, late G. Ch. Hajong was the member of the Meghalaya Police Service. He was working as Sub-Inspector of Police and was posted at Nongpoh in the year 2006. On 17. 10. 2006 the deceased was placed under suspension pending drawal of disciplinary proceeding. In course of time the Disciplinary Proceeding being No. 3/2006 was drawn up against the deceased. However, during the continuation of the proceeding and before completion of the same the incumbent expired on 21. 11. 2006. The disciplinary authority thereafter dropped the said departmental proceeding vide order dated 10. 1. 2007. In the said order it is also stated that the incumbent would not be entitled to family pension as at the time of his demise he was absent from duty and criminal cases taken up by him were still pending investigation. However, other monetary benefits due to him will be paid to his wife.