Excelsior Correspondent
Srinagar, Dec 29: High Court has quashed the order declaring a Head Constable in Central Reserve Police Force as ‘deserter’ and said he be presumed dead and directed for releasing all the service and pensionary benefits to his rightful claimants in accordance with the applicable rules.
Head Constable Asha Ram was serving in 16 Battalion CRPF and was putting up in a residential quarter allotted to him at Group Centre Bantalab Jammu.
In June 2010 Asha Ram got missing while fetching vegetable from the market while lastly posted at Civil Lines Mthuura Utter Pradesh. In the same month wife of the missing constable received a communication informing her that her husband is absent from duty and he should report for duty or else warrants of arrest be issued against him.
Thereafter he was charge sheeted as ‘deserter’ on November in the same year by the higher officials. Aggrieved with the order the wife approached the court seeking direction for producing her husband before the court.
Authorities reported the Court that he could not be traced despite all efforts including issuance of notices in the print and electronic media. His wife urged that her husband be declared as dead and the order declaring her husband as ‘deserter’ be quashed.
Officials contended that a departmental enquiry ordered against the missing personal under CRPF rules was initiated and on the basis of the said enquiry charges were found established against the personal and as punishment his services were dismissed.
Justice Sanjay Dhar after hearing both the parties and applying the ratio of law to the present case said, the husband of the petitioner-Madhu Devi is presumed to be dead on June 3, 2010.
Court consequently termed the order declaring the personal as ‘deserter’ and dismissing him from services as unsustainable in law and quashed the same. Court allowed the plea of the petitioner-Madhu Devi and said, the missing personal be presumed to be dead. “The respondents are directed to release all the service/pensionary benefits of the petitioner’s husband in favour of the rightful claimants in accordance with the applicable rules”, Justice Dhar directed.
Court said the authorities are not also in a position to state that the Asha Ram is alive and in fact they have not disputed that he has remained untraceable. Therefore, it is to be presumed that he is dead as per section 108 of Indian Evidence Act.
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