LAWS(JHAR)-2009-10-84

URMILA DEVI Vs. STATE OF JHARKHAND AND OTHERS

Decided On October 12, 2009
URMILA DEVI Appellant
V/S
State Of Jharkhand And Others Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) The present petitioner Urmila Devi has been substituted in place of her husband Anandi Singh since he died during the pendency of the writ petition. Her husband Anandi Singh, who was a Havildar in police force, was departmentally proceeded and was dismissed from service on certain charges in the year 2000, which he challenged by filing a writ petition before the Patna High Court in CWJC No. 8229/2000, which was allowed and the order of dismissal was set aside by order dated 22/11/2000, as contained in Annexure-3 to the writ petition on the ground that no reason much less any relevant reason has been assigned for not holding the departmental enquiry. By quashing the order of punishment, it was observed that if the disciplinary authority intends to proceed against the petitioner, it may proceed in accordance with law.

(3.) It is after this order passed by the Patna High Court, a fresh memo of charge was served on the petitioner as contained in Annexure-4 to the writ petition whereby serious charge of misconduct was made against the petitioner in discharge of his official duties. The main charge as it appears was that because of his 33 innocent villagers were killed by the terrorists apart and 30 villagers were seriously injured by them.