still missing. Thus, for all practical purposes, the
applicant's husband must be treated as a missing employee under
law. Learned counsel ... wife of a missing
Railway employee after one year from the date, when the employee was
found missing, or one year Patna High Court CWJC
husband has been missing since
01.10.1992.
13. It reflects from the record that disciplinary proceedings were
initiated against the missing employee on the basis ... wife of a missing Railway employee after one year from the date,
when the employee was found missing, or one year Patna High
Court CWJC
released, the second son (Applicant No.2
here) of the missing employee made representation dated 3.4.2012 to
provide compassionate appointment to eke out a living ... missing since last 34 years, Section 108 of
the Evidence Act, 1872, places the onus of responsibility on the
respondents to disprove that missing employee
compassionate appointment
cannot be extended to the dependents of a missing employee who
had less than two years of service left before the date ... service records, the
date of birth of the missing employee Shri Sunil Kumar is
17.01.1953, and his date of retirement was due on 31.01.2013.
Accordingly
wherein the employee went missing and thus was
obviously absent from duty. By the time the wife of the missing
employee could complete the formalities ... employee being invalid in the eyes of law,
coupled with the fact that all the formalities to declare the employee as
missing having been fulfilled
provide immediate relief to the family of a
deceased/missing employee in cases of sudden financial crisis. In this
context, the fact that the family ... fact, Applicant
No.1, Smt.S.Laxmi, wife of the missing employee, had initially agitated the
issue of settlement of pensionary dues. Request
show cause notice nor the charge sheet was served on the
missing employee. Hence, the entire disciplinary proceedings are vitiated.
Moreover, the respondents themselves were ... grant of the retrial benefits to the family member of
the missing employee, OM No.F.No.1/17/2011-P&PW(E), dated
husband went missing since 06.07.1994, but
not a single application or steps shown to have been taken to trace whereabouts
of missing employee till ... wife of missing
employee, went missing since 06.07.1994. There is neither any service details
as to family of missing employee nor any material brought
given to the family members of a missing employee. The
respondents denying the same, has led to filing of the present OA.
4. The contentions ... missing from 06.10.2000 and his whereabouts are not known till date.
The Hon'ble JFCM Court, Purchur has held that that the missing employee
Pankaj Kumar, Member-Administrative
This is a unique case of a missing employee in which the
applicant, the wife of the missing employee,has sought ... reported to be missing for over two decades now, yet the employer
respondents have done nothing except removing the missing
employee from service
