Disciplinary proceedings against a civil servant abate upon their death, and the family is entitled to full pay and allowances for the suspension period under Rule 152-B(2) of the Bombay Civil Services Rules.

Headnote:
BOMBAY CIVIL SERVICES RULES - RULE 152-B - SUSPENSION - DEATH OF CIVIL SERVANT - ENTITLEMENT OF FAMILY TO FULL PAY AND ALLOWANCES - TERMINATION OF DISCIPLINARY PROCEEDINGS - PRESUMPTION OF GUILT AND DISMISSAL - MAHARASHTRA LAND REVENUE CODE, 1966 - SECTION 183 - CIVIL DETENTION - NO NEXUS TO DEPARTMENTAL ENQUIRY.
Fact of the Case:

Petitioners, the widow and son of a deceased Talathi, sought payment of salary, gratuity, family pension, and compassionate employment. The deceased Talathi was suspended during disciplinary proceedings and died before the proceedings concluded. The Sub-Divisional Officer presumed the Talathi was found guilty and dismissed at the time of death based on civil detention under section 183 of the Maharashtra Land Revenue Code, 1966.
Finding of the Court:

The court held that the disciplinary proceedings abated upon the Talathi's death and no further enquiry could be conducted. The civil detention under section 183 was not related to the disciplinary proceedings and could not be used to presume guilt or dismissal. The court directed the State to pay full pay and allowances for the suspension period, minus any subsistence allowance paid, and to consider family pension, gratuity, and compassionate employment.
Issues: 1. Whether disciplinary proceedings against a civil servant abate upon their death? 2. Whether civil detention under section 183 of the Maharashtra Land Revenue Code, 1966, can be used to presume guilt and dismissal in disciplinary proceedings? 3. Whether the family of a deceased civil servant is entitled to full pay and allowances for the suspension period?
Ratio Decidendi: 1. Disciplinary proceedings against a civil servant are quasi-criminal in nature and aim to impose penalties for misconduct. Upon the death of the civil servant, the proceedings abate and terminate due to the personal nature of the contract of service. 2. Civil detention under section 183 of the Maharashtra Land Revenue Code, 1966, is for the purpose of recovering documents and is not related to disciplinary proceedings. It cannot be used to presume guilt or dismissal in disciplinary proceedings. 3. Rule 152-B(2) of the Bombay Civil Services Rules expressly provides that the family of a deceased civil servant who dies before the conclusion of disciplinary proceedings is entitled to full pay and allowances for the suspension period, subject to adjustment for any subsistence allowance paid.
Final Decision: The court set aside the Sub-Divisional Officer's order presuming guilt and dismissal and directed the State to pay full pay and allowances for the suspension period, minus any subsistence allowance paid. The court also directed the State to consider family pension, gratuity, and compassionate employment.

JUDGMENT - MASODKAR B.A., J.: - Petitioner No. 1 is the widow of one Bhikanrao Deshmukh, since deceased, while petitioner No. 2 is the son. Bhikanrao Deshmukh was the civil servant having been appointed as a Talathi in the year 1956. Disciplinary proceedings were initiated against him and he was placed under suspension on March 10, 1969. Proceedings could not be completed and he expired before the age of the retirement while in service and under suspension, on September 10, 1978.

2. By the impugned order made on February 2, 1984, the Sub-Divisional Officer, Khamgaon has held, upon the application presumably made by the petitioners, that since no orders were made in the disciplinary proceedings, said deceased Talathi is presumed to have been found guilty and further is presumed to have been dismissed at the time of his death. On that basis, his period of suspension was treated and the prayer of the petitioners duly made by the application for salary of the deceased and all other benefits arising out of termination of service have been rejected. The benefits which were claimed included payment of the salary due for the period of suspension of the civil servant who was dead while under suspension, the claim for gratuity, claim for family pension and also compassionate prayer for employment of petitioners No. 2.

3. As we indicated earlier, the order is made refusing all these entitlements as is apparent from the reasoning of the Sub-Divisional Officer on the ground that by reason of the fact that the deceased employee was subjected to civil imprisonment in custody, he should be presumed to have been found guilty in the departmental enquiry and further he should have been presumed to have been treated as dismissed from civil service. It appears that for non-return of the record like Kird Book or Khatavani, the said deceased Talathi was dealt with under section 183 of the Maharahstra Land Revenue Code, 1966 and was subjected to civil detention. That provision provides for orders and detention of a defaulter for a period of 10 days in the office of the Collector or Tahsildar and thereafter under sub-section (2) permits civil imprisonment under the warrant of the Collector. For all purposes the detention is the civil detention and has nothing to do with the departmental enquiry.

4. The return in the present case shows that Bhikanrao Deshmukh was placed under suspension on 4 charges which are to the following effect:

“(a) That while working as Talathi Rohana, he had recovered large amount of land revenue and taccavi from various cultivators but did not pass any receipt for the same, nor credited the amount in the Treasury.

(b) That he had not handed over the Government record i.e. Khataoni, Kirda book of 1967-1968 Crop statements 1967-1968 and default list of his charge Rohana, consequent on his transfer to Shegaon to the present Talathi, Rohana, at that time.

(c) That he had not handed over the charge of Patwari Dafter Shegaon Part-III, though specifically directed by the Revenue Inspector, Shegaon, at that time during his leave period from 15-10-1968 to 28-2-1969.

(d) That he failed to join his duties at Shegaon after completion of leave granted to him up to 28-2-1969 and thus he had overstayed this leave without permission at that time.”

It further asserts that as the revenue papers were not handed over, he was dealt with under section 17 read with section 183 of the Maharashtra Land Revenue Code, 1966 and, therefore, had to be subjected to civil detention for one month. It is on this basis, it is further stated, that said Bhikanrao Talathi should be treated as having been found guilty and he should have been dismissed at that time by the then Sub-Divisional Officer. The return, however, admits that no orders of any such kind were made in the departmental enquiry proceedings, pay till the impugned order which was made, after the death of Bhikanrao on 2-2-1984.

5. Thus the facts do not admit any doubt that Bhikanrao was subjected to the

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Judicial Analysis