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2024 Supreme(Online)(ORI) 428

ORISSA HIGH COURT
SIBANJALI BADHAI – Appellant
Versus
COMMANDANT 38-BN CRPF – Respondent


V. Narasingh, J.

1. The husband of the petitioner, Salegram Badhai, who was working as a Head Constable in CRPF assailed the finding of the court of enquiry dtd.7.5.2009 declaring him as a deserter, the order of dismissal from service dtd.20.2.2009 and order dtd. 11.2.2013 rejecting his appeal vide Annexures-7, 14 and 18 respectively in this Writ Petition filed under Article 226 & 227 of the Constitution of India.

2. As ill luck would have it during the pendency of the present Writ Petition the said Salegram Badhai passed away on 19.08.2016 and the prayer of the substitution of the present Petitioner being the wife having been allowed, she pursued the lis.

3. Heard Mrs. P. Mishra, learned counsel for the Petitioner and Mr. P.P. Behera, learned CGC for the Opposite Parties.

4. The facts germane for just adjudication of the present lis are as under:-

    (A) The petitioner’s husband was recruited as CRPF Constable by the Group Centre, Bhubaneswar in the State of Odisha and he joined as such in CRPF on 22.2.1991.
    (B) After completion of training in May 1991, he was transferred to the CRPF Battalion 70 at Durgapur in the State of West Bengal and thereafter as Con






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