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2003 Supreme(Jhk) 1021

M.Y.EQBAL
Sandhya Mukherjee – Appellant
Versus
Union Of India – Respondent


JUDGMENT

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.

3. Petitioners husband 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.

4. 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"





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