USHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Petitioner Laxmi Narayan Singh died during the pendency of the writ application on 18th of July, 1999. He was substituted by his widow Usha Devi on the basis of an I.A. No. 12712 of 1999, which was allowed on 22.11.1999.

(2.) When the writ application was initially filed by the erstwhile employee, challenge was to the order of dismissal passed against him in terms of Anneuxre-3 dated 16.2.1994 as well as the order passed in appeal by the DIG, Tirhut Range, contained in Annexure-4, which has upheld the order of dismissal of the disciplinary authority.

(3.) The original Petitioner was appointed as a constable under the Respondent State of Bihar on 9.12.1980. He worked in that capacity. According to the averments in the writ application he proceeded on 6 days casual leave on 23.9.1991. He had to report back on 30th September, 1991 but as he was attacked by a severe pain in his back on 24.9.1991 he did not report back for duty but sent an application for extension of leave with medical certificate on 27.9.1991.