GAYATRI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is filed by one Gayatri Devi. The petitioner claims that she is the wife of late Prabha Shankar Dubey. In April 1963, the said Prabha Shankar Dubey was appointed as Constable in Railway Protection Force. While posted at Asansol, the said Prabha Shankar Dubey was involved in a case of theft of railway property. After due departmental enquiry, under order dated 29th September, 1983 made by the Assistant Commandant, Railway Protection Force, Asansol, the said Prabha Shankar Dubey was removed from service. According to the petitioner, the departmental appeal preferred against the order of removal also came to be dismissed. Since the dismissal of the departmental appeal, the said Prabha Shankar Dubey passed away on 15th December, 1983. The petitioner has now in 2007 approached this Court initially to claim the benefit of terminal dues of her late husband the aforesaid Prabha Shankar Dubey and for family pension.

(2.) Pending this petition, the petitioner has filed Interlocutory Application No. 3287 of 2009 to challenge the order of removal dated 29th September, 1983 made against the late Prabha Shankar Dubey. According to the writ petitioner, the husband of the petitioner was wrongly removed from service.

(3.) The petition is contested by the respondents. Senior Divisional Security Commissioner, Asansol, Kolkata has filed counter affidavit. According to the deponent, the said Prabha Shankar Dubey was involved in many a theft cases. Earlier in 1972, he was visited with punishment of stoppage of three increments. In 1975, on a similar charge, he was removed from service but was reinstated after the Court's order. Once again in 1983, he was involved in a theft case for which he was removed from service on 29th September, 1983.