Hon’ble Sudhir Agarwal, J.—This is really a strange kind of case. One Sri Ghasi Ram working as Mali in Nagar Nigam Bareilly, was placed under suspension on 21.7.2005 and a charge-sheet was issued to him from the office of Nagar Nigam on 26.7.2005. The delinquent employee Ghasi Ram died on 31.7.2005/1.8.2005 and this information was received in the office of Nagar Nigam on 2.8.2005. Despite, the enquiry officer submitted report on 5.10.2005 stating that he gave opportunity to the delinquent employee which he did not avail and, thereafter, held all the charges proved against the dead employee.

2. The disciplinary authority, having noticed the fact that Ghasi Ram has died while in suspension, agreed with the enquiry report holding that the charges stand proved and the deceased employee was guilty of the misconduct. He also held that had he been alive, a major penalty would have been awarded but after his death, penalty of dismissal is not possible, hence as a measure of penalty, all the retiral dues including provident fund etc. shall not be paid to his legal heirs and they shall also not be considered for compassionate appointment.

3. A representation was made by the petition