K.M.Yusuf, J. - (1.) The Hon'ble the Chief Justice received an application with two annexures from one Smt. Roshini Devi Bahuguna of Balori in the district of Pauri Garhwal in Uttar Pradesh supported by an Affidavit affirmed on 30th August, 1990 before S.D.O./S.D.M., Keerti Nagar. His Lordship treated the said application as a writ petition and the formalities of the court fees, etc. have been waived. His Lordship the Chief Justice assigned the matter to me.
(2.) From the application supported by Affidavit dated 30th August, 1990 it appears that the petitioner Roshini Devi Bahuguna is the wife of Kusalanand Bahuguna (NK/396) who was employed in the State Armed Police, 9th Battalion, Sandhya, Krishnagar in the district of Nadia. She states that her husband seems to have been admitted to Krishnagar Police Hospital for treatment on 10th June, 1979 as appears from Annexure I and he was found absent from the Hospital on 13th June, 1979. A Notice was sent to the husband of the petitioner at his native village Balori, Patty Chalanayun in the district of Pauri Garhwal in Uttar Pradesh under registered cover. As the petitioner is an illiterate lady, her father-in-law received the letter and was shocked to learn that the petitioner's husband was ill and was admitted to the hospital and that he left the hospital abruptly. The near-relations of the petitioner's husband went to West Bengal in search of Kusalanand Bahuguna but could not come to know except that he was last admitted in the Hospital. Since then the lady is running from pillar to post and wrote letters to the Chief Minister of West Bengal, Chief Secretary, Home Secretary, I.G. of Police, all of West Bengal, and Commandant of the State Armed Police, 9th Battalion at Sandhya in Krishnagar under whom he was last posted.
(3.) The petitioner very much feels that her husband is no more surviving as he has not come to his native village since he left on 13th June, 1979 (according to the authorities) almost 11 years back. She also states that the personnel of the District Police of her native place Garhwal (Srinagar) came many times to locate her husband and was told by the Prodhan (Patel) of the Village Ratouri and other responsible persons of the area that her husband had not come for the last many years. She very emphatically states that he was a man of good character, affectionate to her and his newly born son, and respectful to his parents and there was no cause that he would abandon his wife, child and parents, though in 1985 his father died out of sorrow and grief. She has every reason to believe that either her husband has been killed in any accident while on duty or died because of negligence in Hospital while serving the State of West Bengal.;