Ajit Kumar Sengupta, J. - (1.) This application has been made by the wife, sons and daughter of one Ram Kripal Tewary who was a Constable attached to the East Traffic Police Guard, Traffic Department, Calcutta Police. The said Ram Kripal Tewary was a resident of Baikunthapur, District Chhapra in the State of Bihar. He was absorbed in the Calcutta Police and served for about 19 years till 11th February, 1968.
(2.) The case of the petitioners is that the said Ram Kripal Tewary, while on his duty on 11th February, 1968 posted some where in Park Circus Area, did not return from his duty when there was a roll-call at about 21 hrs. The widow of the Constable was informed that her husband was missing and she filed an application on 20th August.1968 enquiring what happened to her husband. Efforts were made for tracing out her husband but without any success. After a lapse of several years a chargesheet was issued on the ground that he was found absent on night roll-call on 11th February, 1968 without any permission and he remained absent from his duty. The petitioner No. 1, the wife of the said Constable, could not take any steps earlier as the petitioner No. 2 was about 3 years and 1 month, the petitioner No. 4 was about 1 year, and petitioner No. 3 was about 4 months on 11th February, 1968. Accordingly no application was made earlier by the petitioners for any relief for the missing husband or father as the case may be.
(3.) In this application the petitioners have asked for a direction upon the respondents for payment of pension to the wife of the said Ram Kripal Tewary and for setting aside the order passed in absence of Ram Kripal Tewary.;