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SANJAY KAROL, S. KUMAR
Priyanka daughter of late Prem Kumar – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
S. KUMAR, J.
1. Heard learned counsel for the appellant and learned counsel for the State.
2. This LPA under Clause 10 of Letters Patent Appeal has been preferred for partly setting aside the judgment and order dated 20.04.2018 passed in C.W.J.C. No. 2518 of 2015 passed by a learned Single Judge of this Hon’ble Court by which direction has been issued to treat deceased employee to be in service till 8.12.2014, i.e., the date of order passed by the appellate authority.
3. Briefly stated the facts of the case is that deceased employee was appointed as Revenue Karmachari in the year 1993 and while in service was put under suspension by order dated 10.01.2012 passed by the Collector in anticipation of departmental proceeding. Subsequently, charges were framed and department proceeding was initiated and by order dated 30.06.2014 passed by the District Magistrate, he was removed from service.
4. Aggrieved by order dated 30.06.2014 of removal from service, deceased employee preferred an appeal before the Divisional Commissioner, Muzaffarpur, and he modified the order of punishment from removal of service to that of compulsory retirement.
5. Petitioner preferred writ petition bei
The death of an employee abates disciplinary proceedings, entitling the heirs to retirement benefits and settlement dues. Disciplinary proceedings against a deceased person cannot result in punishmen....
Disciplinary authority's discretion must be respected; altering punishment based solely on length of service without proper reasoning is improper.
No disciplinary proceedings can be initiated against a deceased employee; any termination order issued posthumously is void and ab initio.
An employee who successfully contests compulsory retirement is entitled to full benefits, including service time lost during the retirement, highlighting the judicial emphasis on proportionality in d....
Period of service excluded due to unjust compulsory retirement must be counted for benefits upon reinstatement as per judicial directives, ensuring equitable treatment for employees.
Eligible benefits due to removed employees should be settled in accordance with the rules and procedures.
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