TARAMATI DEVI Vs. STATE OF U.P.
LAWS(ALL)-2014-5-157
HIGH COURT OF ALLAHABAD
Decided on May 02,2014

Taramati Devi Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) This writ petition was filed originally for the following reliefs: "(i) Issue a writ order or direction in the nature of mandamus directing the respondents to conduct a thorough and proper investigation into the disappearance of petitioner's husband Shri Sakaldeep Singh from the custody of police hospital, Kanpur; (ii) Issue a writ order or direction in the nature of mandamus directing the respondents to award compensation for the loss caused to the petitioner due to illegal, arbitrary and callus action of the respondents resulting into disappearance of the petitioner's husband Shri Sakaldeep Singh from the Police Hospital Kanpur; (iii) Issue a writ order or direction in the nature of mandamus directing the respondents to consider the petitioner for appointment on suitable post in the police department;"
(2.) It was dismissed by this Court on the ground of unexplained laches vide judgement and order dated 4th March, 2009, which was set aside in appeal and the matter was remitted to this Court by the Supreme Court vide its judgement and order dated 5th April, 2010 passed in Civil Appeal No. 2996 of 2010, the relevant extracts of which are quoted herein-below: 5. We have heard learned counsel for the parties and perused the record. In our view, the High Court committed serious error by refusing to order investigation into disappearance of the appellant's husband. It appears that the Division Bench of the High Court was unduly influenced by the fact that the appellant's husband had been dismissed from service vide order dated 12th July, 2004 and she had approached the Court after a time gap of about five years. While doing so, the Division Bench ignored that the prayer made by the appellant was, in substance, for issue of writ in the nature of habeas corpus. In our view, in a case like the present one, the High Court should not have non-suited the appellant only on the ground of delay by overlooking the fact that she had knocked the doors of administrative authorities and political Head of the State. 6. For the reason stated above, the appeal is allowed. The impugned order is set aside and the matter is remitted to the High Court for deciding the writ petition afresh. 7. We also direct the Director General of Police of the State of Uttar Pradesh to depute an officer not below the rank of Deputy Inspector General of Police to make an investigation into the disappearance of the appellant's husband Shri Sakaldeep Singh from Police Hospital, Kanpur. The report of the investigation be submitted to the High Court within a period of three and half months. 8. The High Court is requested to consider the matter in the light of the report of the Deputy Inspector General of Police and pass appropriate order in accordance with law."
(3.) After remand from the Supreme Court, petitioner amended the writ petition twice and added following reliefs: "(ia) Issue a writ or order or direction in the nature of Certiorari quashing the order of dismissal of petitioner's husband Shri Sakaldeep Singh (Annexure 7 to the writ petition) and to direct the respondents to provide the petitioner the arrears of pay, pension, gratuity, provident fund, leave- encashment and other retirement benefits of her husband and to grant and pay to the petitioner the pension of her husband as according to law as well as to provide the employment on compassionate ground to the son of petitioner Santan Kumar Singh in U.P.Police. (iiia) Issue a writ of Habeas Corpus directing the respondents to produce Shri Sakaldeep Singh an undischarged serious patient missing from Police Medico custody before this Hon'ble Court. In case he is heeled, to disclose the name of offenders who are involved in his murder and to register criminal case against the offenders, for proper investigation and for punishing the offenders according to law.";


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