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Jaspreet Randhir Kaur   31 October 2018

Missing husband removed from the services

My husband Mr.Randhir Singh went missing in 1995. He was working as government servant in BSNL (earlier department of telecommunications). My father in law lodged an FIR in 1996 and submitted to my husband's department then again i lodged an FIR in 1997 and sumbitted too then the police tracing report also submitted to the same in 1998 even the department told us to write an application to their General Manager. I wrote an apllication but i didnt get any reply back. After a month, a verbally statement came out from the above department that it'll take 7 years according to the policies.In between my father in law passed away and i dont know about legal proceedings or what to do next, I was all alone. He was the only support to me because no one from our family or relatives come to support me and my 3 kids. In 2002, i went to them but now they came up with the diffrent story that they got missing the personnel file of my husband. Till 2008, they were making diffrent kind of exuses. Since 2002 to 2008, i used to be there outside their gate and they made such exuses even forcefully they asked me to leave and told me to never come back.One day, i decided to quit but again after 2 years, i went to them and they said that the department is BSNL now and my husband was in DoT.


In 2015, i tried one more time and wrote an apllication to GMTD to release the service benefits of my husband but they didnt rispond then my elder son lodged a grievance to PMO. After a month we got reply from the department that they filed charge sheet againsy my husband, did ex parte inquiry and dismissed him from services in 2000. The order said that he is removed from the services and the person who removed from the services is not eligible for any dues, retirement and pension benefits.


Then we heard about a case where Andhra High Court made a decision (union of india vs polimetla mary sarojini). Her husband went missing in 1994 and she first filed a case in CAT then Union of india challenged CAT's decision in high court but high court too agreed to the CAT's decision.


Kindly help us if there is any hope.


Learning

 11 Replies

anubhav Bhatt   31 October 2018

Now challenge that order before Supreme Court

Vinay   31 October 2018

Mrs Kaur Good Evening.

I have read your sorrowful incidents you have rightly mentioned in this blog,the entire episode is very painful. I would suggest you to please doing some homework and follow some guidelines, which i want you to do, in order to get the benefits of your husband.

1) Please check the records of your father in law at home, so that you may get photocopoies of the FIR and other details pertaining to your husband. with the refernece of FIR and date and your deatils, please file an RTI to the Police station asking what action they have intiated and how well they have progressed in tacing out your husband. 

2) Please write to DOT, mentioning the deatils of your husband employment and his deignation with employment number asking them to release the benefits in your favour. On not receving any response Please file an RTI on what grounds his benefits has not been extended to you. As in law , person not traceable beyond the period of seven years is considered as dead, henceforth decesaed certificate has to be obtained by you, in oder to get the things correct and claim the benefits lying with the DOT . on obatining such certificate, please ask the DOT to release the funds pertaining to your husband. Further we have to take some legal remedy as well. For further communication and query reach us at the mentioned contact number

Regards
Vinay K. Sharma, Adv 

9873751988

 

Jaspreet Randhir Kaur   31 October 2018

hello sir, thanks for your answer. om ready to file the case but our financial condition is really bad so if there any free legal service available at punjab and haryana high court then i'll file the case with their help. i found one in amritsar but they denied to help.

Vinay   31 October 2018

talk to me , over contact number. so that we can plan startegy

 

Jaspreet Randhir Kaur   31 October 2018

good evening Vinay Sir,

We have all the related documents. I lodged the FIR after 2 years and i have the copy of FIR even after a year, police submitted their not tracing report to the department and i too filed and application to release those benefits to me but they rejected our request twice. I recovered all the documents through RTI. according to them my husband did misconduct to the department so they filed ex parte charge sheet against him and conducted their inquiry and then under rule 14, SDE ordered in 2000 to removed him from services. they said i have no right to ask about the dues and benefits.

the documents i got . . .
FIR lodged by my father in law
FIR lodged by me
Copy of charge sheet
service book records
I filed the RTI to the police for obtaining tracing report
I filed the RTI for obtaing personnel file records but the CPIO and AA said that the file is not traceable in their records so now i raised this to CIC.

Jaspreet Randhir Kaur   31 October 2018

i tried thrice to call you but the number is out of reach

Shashi Dhara   31 October 2018

u try to get legal help. the govt provides free legal help.

Shashi Dhara   31 October 2018

u try to get legal help. the govt provides free legal help.

Shashi Dhara   31 October 2018

u try to get legal help. the govt provides free legal help.

Dr J C Vashista (Advocate)     01 November 2018

Contact your district/state legal services authority to provide legal aid to you (competent advocate to take up your case /at appropriate fora/authority)

P. Venu (Advocate)     10 November 2018

Obviously. the authorities have acted contrary to the Law and the established norms.  Are you having a copy of the relevant documents, esp. the Order removing your father from service? If not, obtain the same under RTI. 

Based on these documents, a representation could be made and if no positive response, the matter could be agitated in the CAT. Such application need to be filed in the Bench having jurisdiction over the last place of posting of your father or the place you are currently residing.


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