- (1.) HEARD the counsel for the parties.
(2.) THE petitioner who is the wife of Bhikhu Mahto, has challenged the order dated 11.4.96 issued by the respondent BCCL. whereby the husband of the petitioner was dismissed from service in a departmental proceeding. The husband of the petitioner, Bhikhu Mahto, was in the service of the respondent -BCCL at Mohuda. Petitioner's case is that he left home for duty on 27.5.91 but he never returned. A criminal case was lodged at the local police station at Mahuda on 12.7.91. After waiting for about 7 years the petitioner approached this court by filling CWJC No. 1272/98R seeking employment on compassionate ground in place of her husband who was missing since 1991. The said writ application was contested by the respondents on the ground that there is no provision for giving appointment on compassionate ground to any of the wards of a missing employee of BCCL. It was further stated that since the petitioner's husband was missing since long, he was dismissed from service on 11.4.96. The stand of the petitioner was that she was neither served with a copy of dismissal order nor a copy of the same was furnished to the petitioner.
(3.) IN view of the facts stated by the parties, the petitioner was allowed to withdraw the writ application with liberty to challenge the order of dismissal of her husband from service and hence this writ application challenging the said dismissal order and for her appointment on compassionate ground.;