M.H.S. Ansari, J. - (1.) Petitioner's son Sri Madhusudan Ghatak was appointed in the respondent-organization under the category of Land Looser as General Mazdoor in 6 and 7 Incline.
(2.) The said Sri Madhusudan Ghatak, son of the petitioner did not return home on July 8, 1991 from his duty place and after a search by the petitioner at all possible places and houses of his relatives and friends petitioner lodged a' diary on July 18, 1991 being G.D. Entry No.896 dated July 18, 1991 in P.S. Raniganj. The whereabouts of the aforesaid Madhusudan Ghatak, son of the petitioner are still not known and over 7 years have since elapsed and nothing has been heard off regarding the said Sri Madhusudar Ghatak. Petitioner has thereupon filed the instant writ application praying for cancellation of the chargesheet dated September 1, 1992 which has been issued by the respondent-Coalfields for unauthorised absence. Petitioner has also prayed for settlement of statutory dues of the said Sri Madhusudan Ghatak to the petitioner as it must be presumed that he is dead.
(3.) Petitioner has relied upon the certificates, Annexures P-3 and P-4, issued by the P.S. Raniganj to the effect that no positive information from any corner would be received as yet with respect to the missing person Sri Madhusudan Ghatak. All efforts made by the police have yielded no result. The certificate issued by the Chairman, Raniganj Municipality is to the effect that the said Sri Madhusudan Ghatak was found missing from July 8, 1991 and a diary at Raniganj police station has been lodged on July 18, 1991. Annexure P-5 is the letter petitioner addressed to the Agent Parasea 6 & 7 No. Incline informing him that his son Sri Madhusudan Ghatak has not been traced and it must now be presumed that he is dead as he has been untraceable for a period of 7 years.;