NIRMALA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN above S.B. Civil Writ Petition No. 2531/2011, the petitioner has prayed for the following relief:

(2.) UPON the above prayer, notices were issued on 24.05.2010 in S.B. Civil Writ Petition No. 5064/2010 and, after issuance of notice, the respondents passed an order to terminate the services of late Mahendra Kumar after his death who was facing departmental inquiry and criminal case and was under suspension from the post of Teacher Grade -III. The petitioner, again, preferred S.B. Civil Writ Petition No. 2531/2011 to challenge the termination order. Both the writ petitions are hereby decided by this common order.

(3.) AS per petitioner, abruptly her husband late Mahendra Kumar was placed under suspension by respondent No. 1 under Rule 13 of the RCS (CCA) Rules, 1958 vide order dt. 31.08.2006. The respondents issued a charge -sheet to late Mahendra Kumar for inflicting major penalty under Rule 16 of the CCA Rules, so also, a criminal case was also registered against the petitioner's husband and other 9 teachers; but, unfortunately during the pendency of the departmental inquiry as well as criminal case Mahendra Kumar died on 03.04.2009. Till that date, late Mahendra Kumar completed more than 18 years of service.