TARA MUNI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment dated 16th February, 1994, passed by the learned Single Judge of this Court. The short facts leading to this appeal are as under:

(2.) THE deceased Lakhan Ram was an employee of Central Reserve Police Force and he was posted as a Safai Karamchari (sweeper) at Group Centre, Central Reserve Police Force, Mokameh Ghat. He was dismissed from service by the Additional D.I.G.P., Central Reserve Police Force, Mokameh Ghat, on 16 -3 -1989, on the charge that on 5 -2 -1989 he along with one Bijendra Lal entered into the main office after opening the main entry door forcibly and tried to break open the cashier's treasury chest which was kept there with a view to commit theft of cash. After a preliminary enquiry, he was chargesheeted and, in a departmental proceeding he was found guilty and consequently dismissed from service. The disciplinary proceeding was initiated against him in accordance with the provisions of Rule 27 of the Central Reserve Police Force Rules, 1955 (hereinafter to be referred to as 'the Rules')

(3.) IT appears that after challenging the dismissal order invoking Article 226 of the Constitution, during the pendency of the writ application, Lakhan Ram breathed his last and, therefore, his legal representatives i.e. the wife Most. Tara Muni Devi and his son Asharfi Mallik have been substituted in his place who are now appellants before us in this Letters Patent Appeal.