Malti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 7241 of 2015 ====================================================== Malti Devi, W/o Late Upendra Kumar, Resident of Village Kool, P.O., P.S. and District Nalanda.

... ... Petitioner/s

Versus

1.

The State Of Bihar through District Magistrate, Nalanda at Biharsharif 2.

The District Panchayat Officer, Bihar Sharif, Nalanda 3.

The Block Development Officer, Katrisarai, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Satya Ranjan Sinha, Ms Seema Kumari, Advocates For the Respondent/s :

Mr Anuj Kumar, AC to SC XII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 23-04-2019 Heard learned counsel for the petitioner and the respondent-State.

2 Writ petition has been filed claiming the relief of compassionate appointment on account of death of husband of the petitioner on 08.09.2011.

3 The records reveal that a departmental proceeding was conducted leading to an enquiry report of guilt dated 04.06.2011. Second show cause notice was replied and the petitioner's husband was dismissed from the service as Panchayat Secretary on 03.09.2011. The Appellate Authority has modified the order of dismissal to one of compulsory retirement. Husband

Patna High Court CWJC No.7241 of 2015 dt.23-04-2019 2/2 of the petitioner, subsequent upon his dismissal on 03.09.2011, died on 08.09.2011.

4 It is not the case of the employee dying in harness. The basic requirement for invoking the rule of harness for seeking the appointment on compassionate ground is lacking. 5 Writ petition is devoid of merit and is dismissed. (Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.04.2019 Transmission Date NA