AI Structured Summary
Not yet generated for this judgment
Judgment
Jagmohan Bansal, J
The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of orders dated 10.05.2017 and 23.05.2025 whereby her husband-deceased employee was dismissed from service.
On 12.11.2025, this Court passed the following order -
“Learned counsel representing the petitioner inter alia submits that petitioner’s husband was implicated in FIR No.120 dated 05.05.2017 registered under Sections 382, 411 and 120-B of IPC at Police Station Division No.5, Ludhiana. He was arrested on 07.05.2017 and dismissed from service on 10.05.2017. He was dismissed without conducting departmental inquiry. He passed away on 07.01.2018 while in judicial custody. He was not supplied copy of order of dismissal from service. The petitioner after death of her husband approached authorities and came to know that her husband was dismissed from service in May’ 2017. She was supplied copy of order in 2023. She immediately filed appeal before Appellate Authority. The appeal was filed in October’ 2023 whereas order dismissing appeal was passed on 23.05.2025.
Learned State counsel seeks time to verify whether impugned dismissal order was ever communicated to deceased-employee or petitioner.
Adjourned to 27.11.2025.”
Learned State counsel produced copy of order dated 10.05.2017 which was duly served upon the deceased employee on 10.05.2017 itself.
Faced with aforesaid document, learned counsel for the petitioner submits that it is not possible for him to ascertain whether order dated 10.05.2017 was actually received by the deceased employee or not. The signatures appended on the aforesaid document needs to be verified. The petitioner may be permitted to withdraw the petition with liberty to file afresh petition if she gets concrete evidence to the effect that signatures appended on order dated 10.05.2017 were not of deceased employee.
Dismissed as withdrawn with aforesaid liberty.
It is made clear that this order will not come in the way of the petitioner if she gets evidence as claimed above.