VISHNO DEVI Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Krishan Lal, a cook in the Border Security Force, was dismissed from service (sic) the year 1986 for his prolonged unauthorized absence from duty. Before his (sic)ismissal, he had suffered eight convictions under Section 19(a) and 19(b) of the (sic) order Security Force Act, 1968 while serving in 60 Bn BSF and 58 Bn BSF. After his death , his wife approached this Court by Writ Petition SWP No.343/2007 seeking (sic)rant of Family Pension. On being informed that her husband had been dismissed (sic)rom service, she withdrew the Writ Petition with liberty to file a fresh Writ Petition.

(2.) Through the medium of this Writ Petition, which has been filed after the ( withdrawal of the earlier Writ Petition, the petitioner seeks quashing of her husband's dismissal from service, besides a direction to the respondents to pay her Pension.

(3.) According to the petitioner's learned counsel, the dismissal of the petitioner's (sic)sband, having been ordered by an incompetent officer, was void ab initio and the (sic)petitioner was entitled to question the dismissal of her husband to seek the consequential benefits which would have been otherwise available to her husband but for (sic)he dismissal order, additionally because the Dismissal Order was bad in law having been passed without holding any inquiry before the dismissal.