M.Y.EQBAL, J. - (1.) PETITIONER has prayed for quashing the order dated 27.12.1994 passed by the respondents whereby petitioner has been dismissed from service after holding a departmental inquiry.
(2.) THE facts of the ease lie in narrow compass. Petitioner 'shusband namely, Sri Snehasis Mukherjee was in the service of the respondents as Assistant Surveyor and was posted in the office of Ena Colliery. All of a sudden he became traceless since 1.3.1982 and his whereabouts was not at all known to the petitioner or any relatives. Petitioner finding her husband missing reported the matter to the police and also got a notice published in the newspaper. Petitioner ultimately approached the respondents and made an application on 22.12.1932 for her appointment, so that she could earn her livelihood. In the meantime, a departmental proceeding was initiated by the respondents against, the husband of the petitioner for his unauthorized absence and after holding an inquiry, he was dismissed from service by order dated 5.4.1983.
(3.) THE application of the petitioner for appointment was processed and a letter of appointment - dated 28.9.1983 was issued appointing the petitioner as "untrained Aya" on payment of Rs. 15/ - per day together with usual allowance. Petitioner joined service and seeing good performance of the petitioner, she was regularized in the service on the post of Clerk vide Office Order dated 23.9.1988. In the year 1991, petitioner was served with a charge -sheet dated 25.3.1991 on the allegation that petitioner 'shusband in fact was not missing rather he withdrew his Gratuity amount and at the time of withdrawal, he was identified and his signature was verified by the petitioner which signifies that petitioner 'shusband was not missing and petitioner had obtained her appointment fraudulently which amounted to a grave misconduct. Petitioner submitted her reply and the Inquiry Officer proceeded with the inquiry and ultimately impugned order of dismissal of the petitioner from the service has been passed.;