IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.6063 OF 2008 MOST.SONI DEVI, WIFE OF LATE SATYENDRA SINGH, RESIDENT OF VILLAGE AND POST OFFICE DAULATPUR GANDHI TOLA, POLICE STATION GAURICHAK, DISTRICT PATNA …………………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE D.G. OF POLICE, BIHAR, PATNA 3. THE D.I.G. OF POLICE, MAGADH RANGE, GAYA 4. THE S.P., AURANGABAD ………………………………………………………………………..RESPONDENTS ******** 2 26/04/2011 Late Satyendra Singh who was a Constable, was dismissed from service by the order as contained in Annexure-5 dated 18.06.2005 issued by the Superintendent of Police, Aurangabad. After six months of the order of dismissal, Satyendra Singh died and as such, his wife had pursued the appeal before the D.I.G., Magadh Range, Gaya. The D.I.G. dismissed the appeal on 15.02.2006. The widow of Late Satyendra Singh filed a memorial before the D.G. –cum- I.G., Patna, which was not considered on the ground that the wife of an employee had no right to file a memorial. A disciplinary proceeding was initiated against the petitioner on the ground that he had fired two rounds in a drunken state and that he used to abuse his superior officers. It has been submitted on behalf of the petitioner that the punishment awarded to Satyendra 2 Singh is excessive in view of the fact that such an allegation has been levelled against the husband of the petitioner after twenty years of good service record. In the facts of this case, this Court comes to the conclusion that the D.G. –cum- I.G., Patna ought to have considered the memorial filed on behalf of the petitioner as she is the legal heir of the deceased constable late Satyendra Singh and has a right to purse all the remedies on his behalf. I accordingly direct that if a fresh memorial is filed within a period of four weeks from today, the D.G. – cum- I.G., Patna should consider the memorial and pass appropriate orders within a period of six months from the date of filing of the memorial. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )