Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANOOP KUMAR DHAND
Girdhari Karmachandani (Dead), S/o Shri Sital Das, through his Lrs- Arti Karmachandani – Appellant
Versus
Punjab National Bank, through it’s General Manager – Respondent
| Table of Content |
|---|
| 1. challenge to charge-sheet proceedings. (Para 1) |
| 2. petition abates upon petitioner's death. (Para 2) |
| 3. defense impossible post-employee's death. (Para 3) |
| 4. proceedings against deceased employee end. (Para 4) |
| 5. expect timely resolution of claims. (Para 5) |
| 6. writ petition disposed of. (Para 6) |
Order :
ANOOP KUMAR DHAND, J.
1. By way of filing this writ petition, a challenge has been led to the chargesheet dated 09.06.2015 and the amended charge-sheet dated 04.08.2015 so also the consequential proceedings.
2. At the outset, it has been apprised to this Court by counsel for the petitioner that during pendency of this petition, the petitioner has expired, hence under the changed circumstances, the department cannot proceed with the impugned charge-sheet and the petition stands abated.
3. Once allegations are made against an employee who is no longer alive, there is no one who can effectively defend those allegations on his behalf. The employee is the only person who has the knowledge of the facts related to the allegations and he is the only person who can properly defend himself but after the employee’s death, no one can defend the allegations in the same way, as the emplo
An inquiry against a deceased employee cannot proceed as there is no effective defense possible posthumously, necessitating cessation of proceedings.
Disciplinary proceedings against an employee must be initiated before retirement; a charge sheet issued after superannuation is invalid.
Proceedings under the Industrial Disputes Act cannot continue post the death of a workman, as effective representation and cross-examination are not possible.
Disciplinary proceedings cannot continue after the death of an employee, and passing recovery orders against a deceased employee is arbitrary and illegal.
Not only such departmental enquiry would lapse after retirement of such employee, he/she shall be entitled for the emoluments payment to him/her.
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 proceedings abate upon death of the employee, allowing heirs to claim retirement benefits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
