Patna High Court
Most. Prema DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
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
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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
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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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