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2021 DIGILAW 1090 (PAT)

Amrita Devi v. State of Bihar

2021-11-24

P.B.BAJANTHRI

body2021
P. B. BAJANTHRI, J.:–Heard the leaned counsels for the parties. 2. In the instant petition, petitioner has prayed for following reliefs:— “(i) For quashing the memo no. 6528 dated 28.11.2020 issued under the signature of the respondent Superintendent of Police, Nalanda whereby and whereunder Nalanda District order No. 2257/2020 passed in Departmental Proceeding No. 44/2020 against the husband of petitioner by respondent Inspector General of Police, Central Region, Patna (respondent no. 4) whereby services of the husband of the petitioner who was posted as S.I. at Nagarnausa police station has been dismissed from service by holding that the explanation submitted by husband of petitioner is not satisfactory. (ii) For directing the respondent authorities to pay all the retiral benefits of the husband of the petitioner to the petitioner accrued to the husband of petitioner due to prolong service in the Bihar Police on different designation and order of dismissal as contained in Annexure-1 communicated to the son of petitioner when he went to bring the household article of husband of petitioner who died on 30.11.2020 and after completion of last ceremony approximately after a fortnight said order was handed over to the son of the petitioner and as such the same is antedated and not served to the deceased delinquent employee (husband of petitioner) and as such the same is not binding. (iii) For issuance of any other relief or reliefs for which the petitioner may be found entitled in the facts and circumstances of the case.” 3. Short question for consideration in the present petition is whether order of dismissal dated 28.11.2020 was communicated to the deceased late Tej Narain Roy before 30th November, 2020, the date on which he died. 4. Learned counsel for the State, on instruction, fairly submitted that order of dismissal dated 28.11.2020 was not communicated to the deceased-employee while he was alive, in the result proceedings initiated against the deceased-employee stands abated. The impugned order dated 28.11.2020 challenged by the legal heirs of the deceased-employee is set aside. 5. The petitioner is legal heirs of the deceasedemployee is entitled to monetary benefits from the department. The same shall be examined by the concerned authority and it shall be disbursed to the petitioner within a period of four weeks from the date of receipt of a copy of this order. 6. Accordingly, the instant writ petition stands allowed.