GEETA DEVI, WIFE OF LATE DAYASHANKAR SINGH, RESIDENT OF VILLAGE Vs. THE STATE OF JHARKHAND THROUGH THE DIRECTOR GENERAL OF POLICE, P.O., P.S. DHURWA, DIST

JUDGEMENT

(1.) The instant writ application has been filed by the wife of late Dayashankar Singh impugning the District Order No. 309/2013 dated 22.01.2013 by the Senior Superintendent of Police, Ranchi being confirmed by the appellate authority vide order dated 31.01.2014 and for grant of consequential financial benefits to the petitioner in the light of judgments of Hon’ble Apex Court and the High Courts.

(2.) Sans details, the facts as disclosed in the writ application is that the husband of the petitioner late Dayashankar Singh was appointed as constable in the district of Bettiah, Bihar as special case in the year 1985. Thereafter, the husband of the petitioner was dismissed from services on the ground of irregular appointment in the year 2003. Being aggrieved by the order of dismissal the husband of the petitioner filed W.P.(S) No. 4077/2003, which was allowed vide order dated 23.11.2011 with all consequential benefits. Thereafter, another charge sheet 27.07.2012 was issued by the S.S.P, Ranchi alleging therein that the appointment was made without advertisement. The matter was inquired into and the conducting officer submitted the inquiry report. The husband of the petitioner was asked to submit his explanation against the proposed order of dismissal vide order dated 13.12.2012 and accordingly, the husband of the petitioner submitted his explanation. Vide order dated 22.01.2013, the S.S.P., Ranchi passed the order of dismissal and the appeal was preferred by the husband of the petitioner before the D.I.G., South Chota Nagpur Range, Ranchi and during pendency of the appeal the husband of the petitioner died on 06.05.2013. Thereafter, vide order dated 31.01.2014 (Annexure-8) the D.I.G of Police rejected the appeal. Being aggrieved the petitioner, wife of the late Dayashankar Singh filed the present writ application with the aforesaid prayer.

(3.) Per contra, a counter affidavit has been filed on behalf of the respondent no. 3 controverting the averments made in the writ application. It has been stated in the counter affidavit that the husband of the petitioner late Dayashankar Singh (Constable No. 17) was terminated from services in pursuance to a departmental proceeding vide Departmental Proceeding No. 246/2012. Since the appointment of the husband of the petitioner as Constable was made without due procedure and his appointment was neither a regular appointment nor it was under compassionate ground, as the husband of the petitioner was appointed under special circumstances. No advertisement was issued and process of appointment in a public post, prescribed under law had not been followed. The disciplinary authority after considering all the explanation finding to be unsatisfactory vide Ranchi District Order No. 309/2013 contained in Memo no. 538 dated 22.01.2013, has been pleased to dismiss the husband of the petitioner from services which has been affirmed by the appellate authority vide order dated 31.01.2014.