Decided on November 16,2007

Bondi Devi Appellant
State of Uttarakhand And Ors. Respondents


- (1.)HEARD Sri Lalit Kumar, learned Counsel for the Petitioner and Sri Subhash Upadhyay, learned Standing Counsel for the State/Respondents.
(2.)BY means of this writ petition, the Petitioner has prayed for the following reliefs:
i. To quash the order of dismissal from service dated 25 -05 -1988 passed by Respondent No. 4, against late Bankey Lal, declaring the same to be illegal and unconstitutional.

ii. To declare that late Bankey Lal would be deemed to have continued in service till 22 -08 -1999 with all consequential benefits, which will now be paid to be Petitioner, being his widow and next of kin,

iii. To award 18% interest on the sum that would become due and payable to the Petitioner in consequence of the relief prayed for in the preceding paragraph,

iv. To declare the death of late Bankey Lal on 22 -08 -1999, as the 'death in harness',

v. To direct the Respondent to give employment to the Petitioner in a class IV post under the provisions of the above Dying in Harness Rules 1974,

vi. To award the cost of this petition. and vii. to grant any other relief which this Hon'ble Court may consider just, proper and equitable on the facts and circumstances of the case.

The facts, as emerge out from the petition, are that on 04 -03 -1974, Petitioner's husband late Bankey Lal was appointed on the post of Mirdha (Peon) by the District Magistrate, Chamoli. By an order dated 29 -11 -1977, the District Magistrate, Chamoli, confirmed late Bankey Lal on the above post of Mirdha with effect from 16 -06 -1974. That on 19th April 1988, the Sub Divisional Magistrate, Joshimath served charge sheet upon husband of the Petitioner containing three charges alleging his illegal absence on three different occasions and asking him to submit his explanation within 15 days from the date of receipt of the said charge sheet. Late Bankey Lal, on 02 -05 -1988 submitted his reply to the above charge denying the same by stating that during the relevant period he was admitted to Doon Hospital at Dehradun due to his serious sickness, the information of which he had already sent to the concerned authorities. It is further submitted that the Sub Divisional Magistrate, Joshimath, without holding any enquiry, by his order dated 25th May 1988, terminated the services of Bankey Lal with the direction that No. salary would be paid to him for the period of his alleged illegal absence. Sri Bankey Lal moved representation before the District Magistrate, Chamoli against illegal termination order, which was rejected on 25 -05 -1988. By an order dated 16th August 1990, the Commissioner Garhwal Division rejected the representation/appeal/revision of late Sri Bankey Lal. On 22 -08 -1999, Sri Bankey Lal died from the disease 'Pain abdomen'. After the death of her husband, the Petitioner continued pursuing the grievances of her husband's illegal dismissal with No. result.

(3.)THE Petitioner has challenged the order of Sub Divisional Magistrate, Joshimath, the order of District Magistrate, Chamoli and that of the order of Commissioner, Garhwal Division on the following grounds:
(i) Because late Bankey Lal had been appointed by the District Magistrate, Chamoli and therefore his termination from the service by S.D.M., Joshimath who was a subordinate authority to the appointing authority was violative of Article 311(1) of the Constitution of India and hence illegal and unconstitutional.

(ii) Because late Bankey Lal had been dismissed from service without holding any enquiry against him which was violative of Article 311(2) of the Constitution of India and hence the said order was illegal and unconstitutional on this Court also.


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