NIRMALA SINHA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed for a direction upon the respondents to appoint petitioner on compassionate basis as the petitioner's husband is traceless from 24.12.2007. Petitioner further prayed for other monetary relief including the arrears of salary etc.

(2.) It is submitted that since petitioner's husband is missing from 24.12.2007, thus, as per Section 108 of the Indian Evidence Act, it will be presumed that petitioner's husband had died, because he has not been heard from last seven years. Accordingly, it is submitted that in view of Section 108 of the Indian Evidence Act, petitioner is entitled to be appointed on compassionate basis and also entitled to other monetary dues admissible to her husband.

(3.) A counter affidavit filed on behalf of the State, wherein it is stated that in fact, petitioner's husband namely, Prabhakar Prasad was not attending his office without taking permission from competent authority. It is further stated that thereafter a departmental proceeding initiated against the petitioner's husband, but he did not participate in the said departmental proceeding, even though notice was issued and published in the local newspaper. Ultimately, petitioner's husband was dismissed from service vide memo no. 893, dated 06.02.2009 (Annexure-G to the counter affidavit).