SANYOGITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 17/8/2001 (Annexure P-3) whereby her husband was dismissed from service. She is further seeking direction to respondent to release pension and other benefits of her husband.

(2.) The petitioner's husband joined Haryana Police Force as Constable on 12/10/1989. She claims that her husband fell ill in 2000. He was suffering from mental disorder. Due to illness, on 25/1/2000 he sent application for premature retirement. The respondent recorded his absence in DDR No.38 dtd. 30/6/2000. He reported back on 10/2/2001 despite illness. The respondent conducted departmental inquiry for his absence from duty for 7 months and 10 days. The Inquiry Officer found him guilty of alleged misconduct. The Disciplinary Authority awarded him punishment of dismissal from service. He preferred an appeal before IGP, Gurugram who vide order dtd. 10/6/2002 dismissed the same. He preferred revision which came to be rejected vide order dtd. 30/10/2002 passed by DGP.

(3.) As per reply filed by State, the petitioner's husband was a habitual absentee. He remained absent for 378 days during his 11 years service. He was awarded following punishments:-