Lokeshwar Singh Panta, J. - (1.) Smt. Dolma Devi wife (Petition No. 1), Duni chand and Besar Ram (Petitioners No. 2 and 3 respectively) minor sons of Naik Jagal Ram who joined the Central Reserve Police Force (C.R.P.F.), have filed this write petition under Article 226 of the Constitution of India appropriate writ, direction following, effects: (i) Direction the respondent to palace before this court all the records relating to the alleged on 3-12-1985 as also again allegedly desertion on 24-1-1986. (ii) Directing the respondents to disclose to the Court the action, which was taken by the respondents when Jagat Ram deserted in Jan. 1985 and was traced on 3-12-1985 at Ajmer and further directing the respondents to show as to what medical treatment was given to Jagat Ram; (iii) Directing the respondents to disclose the whereabouts of Jagat Ram and to place on record all the material showing the efforts, who have been made by the respondents for tracing him; and (iv) Directing the respondents to grant to the petitioners the pensionary benefits of Jagat Ram and to consider the case of the petitioners for grant of family pension ect. as prayed for by them.
(2.) One Jagat Ram joined the C.R.P.F. and was working as a Naik (Radio Operator) No. 7103/90/922. During the tenure of his service Naik Jagat Ram served at various places. In the year 1985, he was posted at Shillong. The petitioners averred that on 17-1-1985 a telegram was sent to petitioner No. 1 by the Commandant Coy. A-1. Signal Batallion. C.R.P.F. (respondent No. 3) to the effect that her husband was absconding from duty and efforts were being made to trace him. The telegram was followed by a letter dated Jan. 23, 1985 by respondent No. 3 to petitioner No. 1 to the effect that vigorous efforts were being made to search the husband of petitioner No. 1. A copy of the said letter was placed on the file and marked as Annexure-PA. Petitioner No. 1 wrote to respondent No. 3 on a number of occasions but the reply of the respondents was that it had not been possible to trace Jagat Ram despite best efforts which had been made by the respondents. The petitioners further alleged that they had approached various officials in the State of Himachal Pradesh as also the Ministers requesting them that Jagat Ram be traced since it was strange phenomenon that he had just vanished from active duty without any rhyme or reason. The petitioners has also requested foi help from the respondents to the effect that they be given financial aid and/or pensionary benefits etc. Jagat Ram was apprehended on 3-12-1985 at 0105 hours and brought to headquarter on 6-12-1985 and this information was given by 3rd respondent to petitioner No. 1 vide letter Annexure-PB dated 21st Dec. 1985. The petitioners averred that it would appear from the facts and circumstances of the case that Jagat Ram was suffering from some kind of ailment as was being held out by the respondents. Petitioner No. 1 received another letter dated 21-1-1986 intimating her that her husband had been sent to his place of posting. Petitioner No. 1 was said to have written a letter marked Annexure-PC to respondent No. 3 requesting him about the whereabouts of her husband so that she could get in touch with him and enquire about his welfare. Respondent No. 3 again written letter dated 30th Jan. 1986 to petitioner No. I marked Annexure-PD informing her that her husband had been deserted from Unit line on 24-1-1986 and in case he had come home he would be directed to report to the Unit as he had to undergo treatment for mental ailment and his period of absence has to be regularised. The petitioners alleged that no other detail was disclosed to them as to the circumstances, under which her husband had disappeared from the Unit under mysterious circumstances nor respondents informed petitioner No. 1 as to the nature of the mental ailment and the treatment. if any, which had been given to him by the doctor. The petitioners also stated that petitioner No. 1 wrote to the Minister of State for Defence reiterating the fact that she had not been informed about the whereabouts of her husbandvideletter dated 20-2-1986 marked Annexure-PE to the writ petition. Petitioner No. 1 received another communication dated 24-5-1986 issued by 3rd respondent informing her that Jagat Ram had been again deserted from Unit Line w.e.f. 24-1-1986. Thereafter respondent No. 3 again informed petitioner No. 1 vide letter dated 28-3-1986 Annexure-PG stating that her husband had become a deserter on 25-1-1986 and thereby violated the discipline code, which is an offence in law and further that no monetary aid could be granted to the petitioners since there is no law or rule in the C.R.P.F. authorising such grant in law and Jagat Ram was guilty of gross indiscipline. It appears that again on 17-11-1986 respondent No. 3videletter (Annexure-PH) informed petitioner No. 1 that her husband deserted from the Company Battalion on 17 -1-985 and was traced on 3-12-1985 by the Jawans at Ajmer and thereafter he was brought to the Commandant office and was being interrogated regarding his desertion. On 24-1-1986 till 8.30 in the evening he was in C.R.P.F. Lines, but in the morning of 25-1-1986 he was not found there and had become a deserter again. It was further informed that an ex-parte Departmental Enquiry was being conducted against Jagat Ram and on completion of the enquiry petitioner No. 1 would be informed and that whatever balance amount was due to the husband of petitioner No. 1 that would be given to her at the earliest and for that purpose she had to fill in form on behalf of her husband. Thereafter the respondents initiated disciplinary proceedings against Jagat Ramvidecommunication dated 7th Nov. 1986 Annexure-PJ/ 1 and PK Sh. Shri Pal Singh, Dy. Superintendent of Police Sign. BN. C.R.P.F. was appointed Enquiry Officer by respondent No. 3videoffice order dated 31st March, 1987 Annexure-PJ/ 2. The Enquiry Officer issued memo to Jagat Ram dated April 14, 1987 Annexure-PJ/3, A. (sic) a copy thereof' was addressed to petitioner No. 1 requesting her to intimate if her husband had visited his village/home or she had received any letters or information from him or his whereabouts were known to her family. On 14th April, 1987 vide Annexure-PJ/4 the same request was made to petitioner No. 1 which was earlier madevideAnnexure PJ/3. On the basis of the Enquiry so conducted, Jagat Ram was declared as a deserter and dismissed from service. Petitioner No. 1 had been writing to the respondents requesting them that she be granted pensionary and other financial assistance since she had no other means to support and look after her two minor children. In reply to her representation she allegedly was informed that she was to fill in the forms, which had been sent to her so that till and so long her husband was not traced, her papers for grant of pension could be processed. The petitioners have filed copies of the letters addressed to petitioner No. 1 asking her to complete the formalities with this writ petition and marked Annexure-PK and PK/ 1. Subsequently, vide Annexure-PL dated nil, petitioner No. 1 was informed by Commandant (Admn.) C.R.P.F. Centre, Ranchi that a Departmental Enquiry was conducted against her husband and the Enquiry Officer had declared him a deserter with effect from 25-1-1986 and he had been dismissed from the service from that date and for that reason, he as well as his wife were not entitled to any pension .
(3.) After receipt of the communication Annexure-PL/ 1 petitioner No. 1 said to have made a representation Annexure-PM to the respondents and the State of Himachal Pradesh and copies forwarded to the President of India, Prime Minister of India and the Home Minister of India in which she had narrated her tale of woe to the respondents expressing her surprise about the fact that her husband had been declared missing from 25-1-1986, despite the fact that on the previous occasion, he has been traced and was in the custody of respondent No. 3. She further made a request to the effect that she be granted financial assistance as she is a poor lady, and has to look after her minor children and that the pensionary benefits of her husband be granted to her. To her representation, 3rd respondent informed petitioner No. 1 vide Annexure-PN dated Feb. 1990 that since her husband was dismissed from service on the basis of ex parte Departmental Enquiry, therefore, he was not eligible for any service benefits including family pension etc. Thereafter, the petitioner addressed memorial to the Hon'ble the Chief Justice of India praying for directions against the respondents to the effect that her husband Naik Jagat Ram be traced and the financial assistance be given to the petitioners. Copy of the memorial is annexed as Annexure-PO to this writ petition. The petition was returned to petitioner No. 1 with the directions that she may approach the State Legal Aid Board for the necessary help in the matter and such information was conveyed to hervideAnnexure-PP dated 21st August, 1990. The petitioners thereafter approached the Convener, High Court Legal Aid Committee and thereafter she was provided legal aid assistance and a counsel was appointed for conducting her case in the Court. Ultimately. this writ petition came to be filed by the petitioners on 14th August, 1991 against the Union of India-respondent No. 1, Director General, Central Reserve Police Force (respondent No. 2) and the Commandant Coy. Al, Signal Batallion, C.R.P.F. (respondent No. 3) on the premise and the reliefs sought for us noticed hereinabove.;