HEERA MANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the order dated 26.10.1996 (Annex.29) terminating the services of the petitioner's late husband Shri Kailash Chandra Sharma, has been challenged by the petitioner after death of the Govt. employee whose services came to be terminated on 26.10.1996.

(2.) BRIEFLY stated the facts of the case to the extent they are relevant and necessary for the decision of this writ petition are that the petitioner's husband Shri Kailash Chandra Sharma while in employment of the respondent Police Department on the post of Constable voluntarily remained absent without leave and therefore, the respondents initiated inquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the CCA Rules' hereinafter) against the police constable Shri Kailash Chandra Sharma. A memorandum of charges was served on him and inquiry officer on the basis of the material placed before it, by inquiry report Annex.28 held that the petitioner's husband Shri Kailash Chandra Sharma while working as police constable with the respondent police department voluntarily remained absent from duty without leave for 57 days and as such the charges levelled against him stood proved. By order Annex.29, the Disciplinary Authority terminated the services of the delinquent employee Shri Kailash Chandra Sharma on the ground that he was habitual absentee from the duty voluntarily without leave for the period mentioned in the order impugned dated 26.10.1996. Subsequent thereto, about after three years, the delinquent police constable Kailash Chandra Sharma expired on 30.04.1999 and thereafter the petitioner who is widow of deceased police constable Shri Kailash Chandra Sharma, has filed the instant writ petition challenging the order terminating the services of her late husband.

(3.) I have heard learned Counsel for the parties.