No disciplinary proceedings can be initiated against a deceased employee; any termination order issued posthumously is void and ab initio.

ORDER :

Narendra Kumar Vyas, J.

1. The petitioners are wife and son of deceased employee- Dwarika Prasad Kurrey have filed this writ petition assailing order dated 03.06.2024 (Annexure P/1) passed by respondent No. 4/ Principal, Government Engineering College, Bilaspur by which services of employee have been terminated on the account that he remained absent from duty from 05.11.2005 without prior intimation. The petitioners have also prayed for issuance of direction to the respondent authorities to consider case of petitioner No. 2 (son) for grant of compassionate appointment.

2. The brief facts as reflected from records are that husband of petitioner No. 1 namely Dwarika Prasad Kurrey was appointed as Workshop Instructor in the year 1993 and posted at Government Engineering College, Bilaspur and continued his service since 2005 and he remained absent from duty from 05.11.2005. On account of absent from duties, a departmental enquiry was initiated against him vide order dated 20.05.2024 and vide impugned order dated 03.06.2024 his services have been terminated though husband of petitioner No. 1 expired on 22.12.2023 i.e. prior to initiation of enquiry and issuance of termination order dated 03.06.2024. Hence, this petition has been filed by petitioner No. 1 (wife) & petitioner No. 2 (son) for setting aside impugned order dated 03.06.2024 and also prayed for grant of back wages, retiral dues and all other consequential benefits including compassionate appointment.

3. The State has filed the return on 03.12.2025 mainly contending that the petitioner remained absent from duty which clearly amounts to abandonment of service. It has also been contended that the petitioner’s husband remained absent from 05.11.2005 and he came to office to resume duty on 21.02.2011 and submitted multiple unfit certificates which were rejected by the respondent No.4 for remaining absent for more than 5 years. It has also been contended that the State Government has issued circular to take disciplinary action against the unauthorized Government Servant, as such his services have been terminated due to unauthorized absent. It is further submitted that when the termination order was passed at that time there was no information to the department that the employee died on 22.12.2023, therefore, the termination was issued against him. It is further submitted that even the government servant remained out of employment without any salary the family of the deceased employee survived for such a long period of two decades, therefore, the petitioner No. 2 is not entitled to get compassionate appointment and would pray for dismissal of the petition.

4. Learned counsel for the petitioners would submit that the impugned termination order has been passed after death of the employee and no punishment or termination order can be passed after death of employee, therefore, the impugned termination order is void ab initio and deserves to be quashed by this Court.

5. On the other hand, learned State counsel opposing the submission made by learned counsel for the petitioners would submit that a departmental enquiry was initiated against him vide order dated 20.05.2024 and after following due process of law, the services of the employee have been terminated vide order dated 03.06.2024, as such there is no illegality on the part of the respondents. The Respondents have also placed on record copy of enquiry report dated 01.06.2024 and would submit that the petitioners participated before the fact finding committee constituted by the respondents wherein the petitioner appeared an