Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) DECEASED Joga Ram, husband & father of petitioners No. 1 and 2 respectively, was an employee of Municipal Board, Barmer. It is alleged that he remained absent from duty without leave and, therefore, in the year 1994, a notice was issued to him asking him to explain why his service may not be terminated because of his absence from duty. The said notice was duly replied but enquiry was not completed. However, Joga Ram died on 5.3.2000 then straightaway on 12.2.2001, order Annex. 19 was passed terminating his service with effect from 19.9.1994 which is retrospective. Learned Counsel for the petitioners submitted that the respondents did not complete the enquiry in the life time of the deceased employee even by proceeding ex -parte against him if he did not cooperate and then on 12.2.2001, the order to terminate his service with retrospective effect was passed and on that day, admittedly, the employee was not alive and, therefore, the impugned order is void ab -initio.
(3.) LEARNED Counsel for the respondents submitted that in a case where there is a long absence from duty, then it can be presumed that the employee himself has abandoned service. Learned Counsel for the respondents in support of this relied upon a judgment of this Court delivered in the case of Abdul Kalam Sheikh v. Registrar, MLS University and Anr. reported in, 2001 WLC (Raj.) UC 780.;