B.ARUNA Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This writ petition is filed seeking to declare the action of the respondents in rejecting the petitioner's representation to rescind the order of removal from service passed against her husband viz., B. Shankarappa vide Memorandum No.1792/T3/2014 dtd. 20/12/2014 and the connected Memo vide RC.No.1328/A5/2014-15, dtd. 23/1/2015, as illegal and arbitrary, and consequently, direct the respondents to sanction all the pensionary benefits viz., gratuity, family pension including arrears etc., by declaring the death of the husband of the petitioner as per Sec. 108 of the Indian Evidence Act, 1872.

(2.) The facts of the case, in brief, are that the husband of the petitioner viz., B.Shankarappa, was appointed as a Police Constable (Civil) on 16/8/1990 in Mahabubnagar District and thereafter, he was transferred to Railway Police District, Secunderabad, on deputation on 12/2/1999 and that B.Shankarappa was assigned General No. RPC 264 and was sent to Police Training College, Anantapur, on 20/5/2006 to undergo training in 'Policing in Faction Areas' from 22/5/2006 to 27/5/2006. While so, the petitioner came to know that B.Shankarappa absented from training from 26/5/2006 without leave or permission from his superiors. Therefore, B.Shankarappa was declared as 'Deserter' after completion of 21 days of his unauthorized absence.

(3.) It is stated that despite her best efforts, the petitioner could not trace B.Shankarappa. Therefore, the petitioner lodged a complaint before the Police, II Town Police Station, Anantapur, who in turn, registered a case under the heading "Man missing" vide FIR No.191 of 2006 dtd. 29/9/2006. An article of charge was framed against B.Shankarappa in respect of unauthorized absence and an enquiry officer was also appointed. However, the charge Memo could not be served on B.Shankarappa, as his whereabouts were not known. Thereafter, the Deputy Superintendent of Railway Police, Secunderabad, who was appointed as enquiry officer, conducted enquiry and submitted a report. Consequently, the respondent No.3 issued the proceedings vide No.11/A6/PR/2006-09 dtd. 18/6/2009 ordering that B.Shankarappa be 'removed from service' and the period of unauthorized absence from 26/5/2006 to 18/6/2009 was treated as 'Dies Non'.