ARHUL DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is the wife of an Assistant Sub-Inspector of Police (Wireless) who was posted at Dhaka Police Station in the district of East Champaran. He, however, became traceless and when his whareabouts were not ascertained for about four months, his wife field representation before the Assistant Inspector General of Police (Wireless), Bihar, Patna, informing him that her husband had been missing and that her efforts io search him out had revealed that he was asked by the Superintendent of Police, East Champaran at Motihari orally to report to him at Motihari and that he reported as ordered, but thereafter became traceless. She had learnt, according to her representation that her husband had been put under suspension by the Superintendent of Police and that his quarters, according to the order of suspension, we fixed at Eastern Railway Police Station, Muzaffarpur. She requested that steps should be taken to search him out. She filed several other representations for the said purpose, but with no result. The office of the Director General-cum-Inspector-General of Police, however, on 25-6-1988 informed the petitioner that the only information that the office had, was that her husband had been traceless since June, 1987 and that a decision had been taken to publish his photographs in the newspapers and the gazette so that information about his, whereabouts if available to any person, could be obtained. Side by side some orders issued including one dated 9-8-1988 (Annexure-6) addressed to the husband of the petitioner at his village address, calling upon him to show cause and to report on duty by 14-8-1988.

(2.) When this application was placed before a Bench of this Court on 24-11-1988, the Court ordered :

(3.) Respondents in their counter-affidavit have stated that Haldhar Singh had an altercation with some Harijans near the police station, Dhaka in a drunken State on 29-8-1987 which created an unseemly situation Dhaka police intervened and some how controlled the situation. Haldhar Singh, however, continued the quarrel and entered in altercations with the police men on duty including the Officer Incharge, Dhaka Police Station. The Officer Incharge reported to the Superintendent of Police that Haldhar Singh was a habitual drunker that he had picked up the quarrel for no apparent reason that he was required to be shifted from Dhaka Police Station. Upon that report, the then Superintendent of Police Sri Suprabhat Das reported that "in the interest of local administration in order to avoid any untowards or law and order situation directed that Sri Singh should report in the District Police (Wireless) Headquarters at Motihari. On 28-9-1987 Haldhar Singh reported at the Headquarter, but absconded from work with effect from 1-10-1987 without information. Police Radio Headquarters, Patna was accordingly informed on 7-10-1987. In course of the investigation, pursuant to the order of this Court, wireless messages were sent to all S. Ps. and S. R. Ps., intensive investigation was carried out, but no trace of Haldhar Singh could be found. He had, however, been last seen by one Robin Patel, Wireless Supervisor, Motihari on 1-10-1987 and told him that he was proceeding to Muzaffarpur where his wife resided. Search party sent to different places, returned with no specific information. On 4-1-1989 however, some one informed that Haldhar Singh had been residing at Birat Nagar in the Kingdom of Nepal. A search party was sent and some definite information was expected in near future.