SHIVAJI PANDEY, J.:–Heard learned counsel for the petitioner and learned counsel for the Bihar state electricity Board.

2. In the present writ petition, petitioner has prayed for granting relief of family pension and gratuity with interest as her husband was an employee of the Bihar State Electricity Board now it is South Bihar Power Distribution Company Limited (hereinafter referred to as “the Board”) who died in harness and also prayed for quashing office order no.1120 dated 25.8.2014 (Annexure-12) and office order no.1193 dated 30.8.2014 (Annexure-12/1) by which the Board has inflicted the punishment of dismissal upon her dead husband, namely, late Tribhuwan Tiwary with effect from 22.8.1991 and later on the said letter was modified and made it effective from 15.6.2004.

3. Primal and important question of law has been raised by the petitioner that her husband was an employee of the Board, while in service he was convicted in a criminal case for offence under Section 302 of the Indian Penal Code but even after his conviction he continued to discharge his duty as an employee of the Board, while in service he died in harness. So much so the order of conviction passed by the trial court was under challenge before this Court, in criminal appeal, which abated on account of death of late Tribhuwan Tiwary and has claimed that no order of punishment or dismissal was passed on account of conviction against her husband during his service period and as such he continued to discharge the duty till last and petitioner cannot be deprived of the family pension and gratuity.

4. Before dealing with the issue involved, some needful facts are required to be gone into. Late Tribhuwan Tiwary was an employee of the Board, while serving as Sectional Clerk, Electric Supply Division, Ara, he was made an accused in Ara Town P.S. Case No.164 of 1988 for offences under sections 147, 323, 324, 307 and 341 of the Indian Penal Code, on account of death of injured person, namely, Surendra Prasad, Section 302 of the Indian Penal Code was added. In S.T. No.484 of 1988 the husband of petitioner was convicted for offence under Section 302/34 of the Indian Penal Code. Husband of the petitioner filed Criminal Appeal No.335 of 1991 which was admitted by this Court. Initially the bail was denied to the husband of the petitioner and later on he was granted bail. It also appears that the husband of the petitioner was put under suspension vide Office Order No.375 and Memo No. 1410 dated 18.7.1988, subsequently husband of the petitioner was released from suspension with effect from 9.1.1989 vide Office Order No.81 dated 17.3.1989 and accordingly by another Office Order No. 142 dated 5.5.1989 he was allowed to work under the Electric Supply Division, Ara. It appears that after the order of conviction the petitioner visited the jail again. During pendency of the criminal appeal initially the husband of the petitioner was granted provisional bail by this Court and later on he was granted regular bail.

5. The General Manager-cum-Chief Engineer, Central Area Board, Bihar State Electricity Board, Patna after release from jail allowed the husband of the petitioner to join his place of posting. After conviction he remained in jail for the period between 22.8.1992 to 11.11.1992 and ultimately he died in harness on 16.6.2004. After demise of husband exgratia amount of Rs.1,000/- was paid to the petitioner to meet the funeral expenses and later on petitioner claimed the retiral dues such as family pension, gratuity and other retiral dues. As has been agreed by learned counsel for the petitioner, save and except family pension and gratuity all retiral dues have been paid to the petitioner. Claims are confined to family pension and gratuity.

6. The ground that has been pressed that the husband of the petitioner was convicted in a criminal case which was not related to discharge of his duty. He has further submitted that during the life time the husband of the petitioner was not visit

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