- (1.) I .A. No. 5457/2013 Heard counsel for the parties.
(2.) THE prayer in the writ application preferred on behalf of the lady petitioner was to appoint her on compassionate grounds for the reason that her husband is not traceable since 10th of May 1989. At the time of filing of the writ application in December 2006, the petitioner claimed herself to be aged about 30 years. The petitioner had preferred a Title Suit No. 132/98 before the Court of 2nd Additional Munsif, Jamshedpur for a declaration / decree of presumption of death of her husband Safed Lali Tandi who is said to have been not heard after 08th of May 1989. In the judgment which was delivered on 23rd March 2005, the learned Trial Court rendered the finding and made a declaration that there is presumption that Safed Lali Tandi, the missing husband of the petitioner Babita Tandi, is no more alive and is now dead since after completion of seven years of his missing from 08th of May 1989.
(3.) IT is the contention of the petitioner that after coming to know of the contents of the counter affidavit filed on behalf of the petitioner that the petitioner was removed from service with effect from 01st of June 1990, she made an application under the Right to Information Act under which, communication has been issued which is annexed as Annexure -6 series which indicates that Safed Lali Tandi was removed from service with effect from 1st of June 1990 vide order dated 30th May 1990. Accordingly, the petitioner had sought to impugn the order of removal of his husband from service given effect from 1st of June 1990, which according to her, has been done in violation of principles of natural justice and in absence of her husband. The petitioner had also sought for a direction upon the respondent Corporation to produce the entire records with respect to order of departmental inquiry against her husband which led to his removal.;