FUL DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is the wife of one Bhagwan Chandra Mishra who was a police constable and was posted at the material time at Police Headquarters, Hajipur. She filed this writ petition in 2001 stating that her husband was traceless, from January, 1991, for a period of over seven years. She sought a direction from this Court to the concerned authorities, inter alia, to pay her the retiral dues of her husband as well as his arrears of salary from the date of his disappearance.

(2.) It appears that at the time of filing the case the petitioner was not aware that a departmental proceeding was held against her husband for his unauthorized absence from duty. The proceeding was initiated on 21.11.1998, though in the normal course he would have retired from service on 30.4.1998. The proceeding was held ex-parte, at the end of which an order was passed by the Superintendent of Police, Vaishali under his memo No. 1769, dated 23.6.1999. By this order the Superintendent of Police held that the charge of unauthorized absence was established against the proceed. He, therefore, directed forfeiture of his salary for the period 1.7.1992 to 30,4.1998, the date of his retirement and adjustment of that period of his absence from duty as extra-ordinary leave.

(3.) The matter rested at that stage but after the filing of this case the mater started moving once again. During the pendency of this case the petitioner was given all the retiral dues of her husband. She was also allowed family pension w.e.f. 30.4.1998 (the date of retirement of her husband) and the amount of family pension was fixed on the basis of the salary receivable by the petitioner on 1.7.1990. The settlement of the petitioner's claim was apparently made on the basis of the order passed by the Superintendent of Police, Vaishali on 23.6.1999.