S.S. Chauhan, J. - (1.) THE present petition has been filed by the wife (petitioner No. 1), sons and daughter (Petitioner Nos. 2 to 3) of the deceased challenging the order of dismissal dated 4.11.2003 passed by the opposite party No. 1 by means of which the deceased Devi Dayal -husband of the petitioner No. 1 has been dismissed from service.
(2.) THE facts in brief are that the husband of the petitioner No. 1 was appointed in District Cooperative Bank, Branch Akbarpur, District Faizabad, on the post of Peon in the year 1971 and thereafter his services were confirmed in the year 1972. The husband of the petitioner No. 1 was deputed to carry the Dak from Faizabad Branch of the District Cooperative Bank to Akbarpur and on the same day, he had to go to Akbarpur but on account of illness he could not proceed to Akbarpur. Thereafter on 28.2.2001 he proceeded to Akbarpur from Faizabad and thereafter he did not return till date and his where about were also not known. Various applications were made to the concerned authorities by the petitioner No. 1 to search out her husband but all in vain. She also moved an application to the Superintendent of Police Faizabad to register an FIR in which she stated that her husband went from Faizabad along with the Dak but he did not return since 28.2.2001. She also moved application dated 22.10.2002 to the Registrar, Cooperative Societies, U.P. Lucknow, the Deputy Registrar, Cooperative Societies on 30.7.2002 and on 30.7.2002 to the Sachiv/Adhyaksh, U.P. Sahkari Institutional Sewa Mandal, Lucknow. The FIR was lodged at the instance of the petitioner No. 1 on 11.5.2002 at Police Station Kotwali Nagar, Faizabad. As a result of disappearance of the husband of the petitioner No. 1 disciplinary proceedings were instituted against him on the assumption that he was absent from duty since 26.2.2001. A notice was sent on 5.3.2001 to Sri Devi Dayal (husband of petitioner no1) through registered post but he did not respond to the aforesaid notice as there was no question of response from a missing person. The opposite parties had also published a notice in this regard in daily news paper " Jan Morcha". Several applications were given by the petitioner No. 1 to the authorities concerned in regard to the missing of her husband but no action was taken. The opposite party No. 3 thereafter ultimately proceeded to conclude the proceedings by appointing an inquiry officer and the inquiry officer also tried to serve charge sheet upon the husband of the petitioner No. 1 alleging several other charges against him that in case reply was not submitted by 9.9.1996 then ex parte proceedings would be concluded against him. It is stated that the husband of the petitioner No. 1 submitted his reply on 13.9.1996 and on the basis of reply submitted by Devi Dayal dated 12.9.1996, an ex parte inquiry report was submitted on 19.9.1996.
(3.) THE petitioner No. 1 moved an application for seeking compassionate appointment after disappearance of her husband and as soon as she moved applications, the disciplinary proceedings were concluded against her husband ex parte in a hurried manner purporting to have been initiated in the year 1996.;