ASHA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is being prosecuted by Smt. Asha Devi, who is the widow of the original writ petitioner Ram Singh.

(2.) THE facts of the case are that Ram Singh joined service as a Constable in the Sashastra Seema Bal (SSB) some time in the year 1982. In January 1995, the petitioner was posted to look after two ailing constables of the Group Centre, Shamshi, who were admitted as indoor patients at Civil Hospital, Shamshi. Admittedly, on the night intervening 16th/17th January, 1995, the petitioner left duty and failed to return. According to the department, he had not taken any permission or leave from the competent authority. Two notices were issued to him on 30th January, 1995 and 1st March, 1995. These notices were sent by registered AD to his home address and one of the notices was duly received on his behalf. Despite this, the petitioner did not join the duty.

(3.) THE writ petitioner did not participate in the enquiry and thereafter the Inquiry Officer held that the charges against the petitioner stood proved. The Disciplinary Authority issued show cause notice dated 29th August, 1995, to the petitioner, which was duly received by him. In this notice, it was proposed that the penalty of removal from service shall be imposed upon the petitioner. The petitioner did not reply to this notice but only submitted that his mental condition is not satisfactory due to illness and therefore, he would submit the reply at a later stage. Thereafter, the order of removal from service was passed on 16.9.1995.