Disciplinary proceedings abate upon death of the employee, allowing heirs to claim retirement benefits.

JUDGMENT :

Biraja Prasanna Satapathy, J.

1. This matter is taken up through hybrid mode.

2. Heard Mr. L.K. Maharana, learned counsel appearing for the Petitioner and Mr. S.P. Das, learned Addl. Standing Counsel appearing for the Opp. Parties. Instruction provided in Court be kept in record.

3. The present writ petition has been filed inter alia with the following prayer:-

“It is therefore, prayed that your Lordships may graciously be pleased to admit the writ petition, issue notice and after hearing the parties, direct the Opp. Party No.1 to drop all pending disciplinary proceedings against the deceased husband of the Petitioner and consequently, disburse the Final Pension, other retirement benefits due and payable to the Petitioner’s deceased husband along with accrued interest in favour of the Petitioner;

And may pass any other order(s), direction(s), relief(s) as deem fit and proper;

And for this act of kindness, the Petitioner shall as in duty bound ever pray.”

4. Learned counsel appearing for the Petitioner contended that Petitioner who happens to be the wife of the deceased employee is before this Court in the present writ petition with the aforesaid prayer, as after the death of the deceased employee on 04.05.2023, the Opp. Parties are not releasing the retiral benefits as due and admissible to the Petitioner from the date of her retirement.

4.1. It is contended that such benefit has been withheld because of the pendency of 4 (four) nos. of proceeding against the deceased employee so initiated vide Memorandum No.6292/PR./ dt.18.05.1993, 7780/PR/dt.06.07.2004, 978/RCS/dt.10.04.2007 and 424 RS/dt.19.03.2009.

4.2. It is contended that since during pendency of the aforesaid four (4) proceedings, the deceased employee died on 04.05.2023, in view of the decision of the Hon’ble Apex Court in the case of A.K.S. Rathore (Dead) through LRs Vs. Union of India & Anr. (Civil Appeal No. 7028 of 2022) decided on 28.09.2022, all the proceedings stand abated. Hon’ble Apex Court in Para 7, 8 & 9 of the decision has taken the following view:-

“7. Admittedly, no final order was passed by the Disciplinary Authority, before the death of the original appellant. Though the order of remand passed by the Central Administrative Tribunal, is dated 02.02.2015, the Disciplinary Authority could not perhaps pass the final order, due to the pendency of the writ petition before the High Court and the pendency of the above appeal before this Court.

8. Today even if we dismiss the above appeal, no final order can be passed in the disciplinary proceedings, against a dead person. The disciplinary proceedings have actually abated. In other words the dismissal of the above appeal will have the same consequences as the appeal being allowed.

9. In view of the above, the above appeal is disposed of holding that the disciplinary proceedings initiated against the original appellant stand abated. As a consequence, the legal representatives of the original appellant will be entitled to all the benefits that the original appellant would have been entitled to, as per the rules. The respondents may pass orders in accordance with the rules, about the benefits lawfully admissible to the original appellant and disburse the same within a period of 12 weeks. There will be no order as to costs.”

4.3. It is accordingly contended that since all the proceedings have stand abated because of the death of the deceased employee, Opp. Parties be directed to sanction the retiral benefits as due and admissible to the deceased employee within a stipulated time.

5. Learned Addl. Standing Counsel basing on the materials available on record, c