ORDER

08.03.2017 None appears on behalf of the petitioner when the matter is called though this case was filed 18 years back.

Heard Mr. L. Samantaray learned Standing Counsel for the State.

In this writ application the petitioner has prayed for issuance of a writ of habeas corpus for causing production of her husband in Court. She has also prayed for payment of compensation to her for mental agony and suffering. Direction for grant of all back wages and service benefits of her husband after quashing the order of dismissal is her last prayer.

As per the averments made in the writ petition husband of the petitioner is stated to be missing since 23.4.1980 from the campus of Orissa Special Armed Police 7th Battalion Bhubaneswar while working as Assistant Sub-Inspector (W.T.) and ultimately he was dismissed from services with effect from 2.8.1983 on the basis of an ex-parte Departmental Proceeding initiated on the charge of desertion. It is further case of the petitioner that though her husband was found to be missing since 23.4.1980 however at no point of time his family members were intimated about such missing. Further on account of dismissal order passed against the husband of the petitioner the Accountant General Odisha refused to grant Family Pension. Her further apprehension is that her husband might have lost his life due to physical torture by the authorities and in order to escape from the liabilities his dead body was disposed of or the husband was allowed to escape due to callousness of the authority from the campus.

Mr. Samantaray learned Standing Counsel relying on the counter affidavit filed on behalf of the opposite parties submits that the husband of the petitioner deserted the campus of Orissa Special Armed Police 7th Battalion Bhubaneswar with effect from 23.4.1980 without any intimation to the authority. Hence Departmental Proceeding No.15 dated 5.6.1980 was drawn up against him for his failure to report for duty as per the P.M. Rule 843. The proceeding was conducted allowing all possible opportunities to the charged officer. Since the husband of the petitioner did not respond to the notice sent to him in his home address nor attended the enquiry a paper publication in the daily The Samaja was made directing him to report to the authorities to defend himself against the charges leveled against him. But in spite of above publication the husband of the petitioner neither attended the proceeding nor submitted his written defence against the alleged charge. Thus the enquiry proceeding was conducted ex-parte and the husband of the petitioner was found guilty of the charge of desertion. Thereafter another publication was made in the Samaja newspaper published on 25.7.1983 indicating that the husband of the petitioner had been found guilty of desertion and he was liable for dismissal from service. It was further indicated therein that if the husband of the petitioner failed to appear before the authority or to give any written defence within seven days of publication proper steps as warranted under the law would be taken. As the husband of the petitioner failed to comply with the instruction published in the daily news paper within the stipulated period he was removed from service with effect from 2.8.1983. Further relying on the counter Mr. Samantaray refutes the allegations relating to physical torture by the authorities in Battalion campus. Moreover he submits that as is evident from the Medical Certificate furnished by Dr. B. Das Assistant Superintendent Mental Health Institute S.C.B. Medical College & Hospital Cuttack the husband of the petitioner was a mental patient and frequently proceeded on leave and overstayed the same for his treatment. When the father-in-law of the petitioner appeared before the I.G. of Police S.A.P. Orissa Cuttack with a request to locate his son the Commandant Orissa Special Armed Police 7th Battalion Bhubaneswar was instructed in State Police Headquarters Letter No.30131W dated 26.