M.Y.EQBAL, J. - (1.) THE petitioner who is the widow of late Biroo, has filed this writ application praying for quashing the order dated 8.8.1996 issued by the Project Officer of the respondent -CCL whereby the services of her husband has been terminated and further seeking a direction for appointment of the petitioner on compassionate ground as her husband is missing since 31.1.1992.
(2.) PETITIONER 'shusband, Biroo, was an employee on the post of driver under the respondents. It is stated that since 31.1.1992 petitioner 'shusband left for duty and thereafter he did not return. The petitioner then lodged FIR on 3.2.1992 at Bermo police station in respect of missing of her husband. A copy of the FIR and the station diary entry have been annexed as Annexure 1 and 1/1 to the writ application. The Project Officer of the respondents issued show cause notice dated 6.3.1992 in the name of the petitioner 'shusband asking him to show cause for his unauthorized absence. The petitioner, in reply to the said show cause notice, submitted explanation stating that her husband was missing. She also submitted photo copy of station diary entry. However, the respondents, on the basis of an ex parte inquiry, passed the impugned order of termination of the services of the petitioner 'shusband. Since the petitioner was starving, she made an application for compassionate appointment which was not entertained for wanted of such provision in the Standing Order.
(3.) THE respondents have filed counter affidavit in which it is stated that the Project Officer issued show cause notice dated 6.3.1992 and no show cause was received by the Management and, accordingly, inquiry committee was constituted and on the basis of the report of the inquiry committee the order of termination was passed against the husband of the petitioner.;