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G. S. AHLUWALIA
REKHA TOMAR – Appellant
Versus
MADHYA PRADESH WAREHOUSING AND LOGISTICS CORPORATION, BHOPAL – Respondent
ORDER : – This petition under Article 226 of the Constitution of India has been filed seeking following relief :
i) That, the order impugned dated 30-5-2017 (Annexure P/1) passed by the Respondent No. 1 may kindly be quashed with a further direction to the respondents to pay death claims payable to the petitioner on account of death of her husband along with interest @ 20% per annum and heavy cost may also be awarded, in the interest of justice. ii) Cost of the petition be awarded or any other order or direction deemed fit in the circumstances of the case be issued in the favour of the petitioner.
2. It is submitted by the counsel for the petitioner that husband of the petitioner namely Santosh Singh Tomar was an employee of Madhya Pradesh Warehousing and Logistic Corporation and was working on the post of Junior Assistant-cum-Data Entry Operator. He died on 1-8-2015 in a road accident while he was in duty. At the time of death, he was also holding the post of Incharge Branch Manager, Branch Patan. After the death of her husband, the petitioner being the legal heir started claiming death claims as per the entitlement in accordance with the provisions of Madhya Pradesh Warehousing a
Recovery of loss cannot be imposed without formal charges and an opportunity for explanation. Departmental enquiry cannot be initiated against a dead employee.
The court emphasized that a departmental inquiry must be conducted fairly and impartially, and findings cannot stand if the inquiry officer is biased or involved as a witness.
The court ruled that disciplinary proceedings against a government employee must cease upon their death, and any dues must be paid to the family without delay.
Disciplinary proceedings cannot be continued after an employee's retirement to withhold retiral benefits unless specific service regulations explicitly provide for such post-retirement continuation.
The main legal point established in the judgment is that the recovery of dues from a retired employee and the continuation of a departmental enquiry after retirement must be in accordance with the ap....
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