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Patna High Court

Most. Prema DeviversusThe State Of Bihar and Ors

Decided
Disposal
ALLOWED

Holding

The order of punishment dated 14 September 2015 is set aside as it cannot be passed against a deceased employee.

Summary

The petitioner, a widow of a deceased government employee, filed a writ petition seeking to quash a departmental punishment order issued on 14 September 2015 against her late husband, who had died on 3 April 2015. She contended that a punishment cannot be imposed on a dead person and that the order unlawfully affected her entitlement to pension, arrears, salary for the suspension period, and gratuity. The court examined the death certificate and admissions in the respondents' counter‑affidavit, confirming the husband's death prior to the issuance of the order. It held that departmental proceedings cannot continue against a deceased employee and therefore the punishment order was illegal. Consequently, the court set aside the order, directed payment of pension arrears and other dues within three months, and allowed the writ application with all consequential reliefs.

Issues considered

  • Can a departmental punishment order be passed against a government employee who is deceased?
  • Is the punishment order dated 14 September 2015 illegal and liable to be quashed?
  • Is the widow entitled to pension arrears, salary for suspension period, and gratuity despite the punishment order?

Subjects

  • writ petition
  • departmental punishment
  • posthumous proceedings
  • government servant pension
  • civil writ jurisdiction
  • legal dues to widow

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2341 of 2017
                 ======================================================
                 Most. Prema Devi widow of Late Suresh Prasad Yadav, Resident of Village-
                 Salkhua, P.O.- Salkhua, P.S.- Salkhua, District- Saharsa.

                                                                                  ... ... Petitioner/s
                                                         Versus

           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Panchayati Raj, Govt. of Bihar, Patna.
           3.    The District Collector, Saharsa at Saharsa.
           4.    The Additional Collector, Saharsa at Saharsa.
           5.    The Block Development Officer, Sonebarsa, District- Saharsa.
           6.    The Accountant General, Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Uma Shankar Singh, Advocate
                                                 Mr. Shishir Kumar Shishir, Advocate
                                                 Mr. Krishna Prasad Singh, Advocate
                 For the Respondent/s     :      None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

6   19-01-2026                   1. Heard learned counsel for the petitioner. No one

                   appears on behalf of the respondent-State.

                                 2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                  “(i)     For     the   issuance      of    an
                                        appropriate   writ    to    quash   the     order    of
                                        punishment issued vide Memo No. 364 dated 14 th
                                        Sept, 2015 by the Respondent no.3 (the
                                        Collector, Saharsa) against a dead of employee
                                        (husband petitioner) of superannuated from the
                                        post Panchayat secretary, Sonbarsa, District-
                                        Samastipur (contained in Annexure-4)
Patna High Court CWJC No.2341 of 2017(6) dt.19-01-2026
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                                         (ii)     For     the   issuance   of   an
                             appropriate writ/direction holding that all the
                             deductions order as punishment against the
                             husband of the petitioner are illegal.
                                         (iii)     For    the   issuance   of   an
                             appropriate        writ    direction/commanding    the
                             respondent for the payment of all the retrial dues
                             alongwith the 50% pension amount, salary of
                             suspension period and gratuity amount which
                             has not been paid till date.
                                         (iv) For issuance of any other
                             writ/direction for the payment of any legal dues
                             to which the petitioner is entitled as widow of
                             Government servant died after superannuation
                             at the post of Panchayat Secretary, and/or as
                             your Lordships may deem fit and proper for the
                             ends of justice.”

                      3. It is submitted by learned counsel for the petitioner

          that besides the petitioner having a good case on merits, in a

          proceeding started against the husband of the petitioner while

          the petitioner’s husband died on 3.4.2015, the order of

          punishment, impugned herein, came to be passed subsequent

          thereto on 14.9.2015, which could not have been done.

                      4. Having heard learned counsel for the petitioner and

          having perused the material on record, it is not in dispute that

          the husband of the petitioner died on 3.4.2015. The petitioner

          has brought on record the death certificate of her husband as
            Patna High Court CWJC No.2341 of 2017(6) dt.19-01-2026
                                                        3/3




                      Annexure-3 to the writ application and even as per the statement

                      made in paragraph no.12 of the counter affidavit filed on behalf

                      of respondent nos.3 and 5, the same has been admitted.

                                  5. Bereft of unnecessary details it may be stated here

                      that no departmental proceeding could have continued against a

                      dead person nor an order of punishment could have been passed

                      subsequent to the death of the employee. As such, in the opinion

                      of the Court, the petitioner has made out a case for interference

                      by this Court.

                                  6. In the facts and circumstances of the case, the order

                      of punishment contained in Memo no.364 dated 14.9.2015

                      issued by the Collector, Saharsa is set aside.

                                  7. The writ application is allowed with all

                      consequential benefits.

                                  8. The difference of arrears of pension, consequent to

                      the order of punishment having been set aside, shall be paid to

                      the petitioner herein within a period of three months.



                                                   (Partha Sarthy, J)
avinash/-

U


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