LAWS(PAT)-2018-8-60

USHA CHOUDHARY Vs. UNION OF INDIA

Decided On August 02, 2018
Usha Choudhary Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The writ petition under Article 226 of the Constitution of India has been filed praying for issuance of a writ in the nature of Certiorari for quashing the punishment order dated 30.03.1996 passed by the Disciplinary Authority -cum- Commandant, C.I.S.F. whereby the writ petitioner who has since deceased was dismissed from service. A copy of the order is impugned at Annexure 6 to the writ petition and has been affirmed by the Appellate Authority who vide order passed on 12.08.1996 impugned at Annexure-9 has dismissed the appeal and even the revision application has followed the suit when it was dismissed by the Revisional Authority vide order passed on 10.05.1997 impugned at Annexure-10.

(2.) The writ petition was admitted for hearing on 17.11.1997. While the matter remained pending for hearing that the writ petitioner deceased and has been substituted by his legal heirs vide order passed on 28.07.2003. The legal heirs have chosen to pursue the cause.

(3.) The facts accompanying the present case lie in a very narrow compass. The deceased petitioner was served with a charge memo dated 16.01995 alleging 8 acts of misconduct mostly relatable to the alleged offensive behaviour of the deceased petitioner towards the superiors as well his own family members. While according to the respondents, despite notice of participation in the inquiry, the petitioner avoided to cooperate, the charge is being contested by learned counsel for the petitioner to submit that the petitioner had no information about the inquiry.