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.

ORDER

(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Judicial Member)

The present Original Application has been filed by the applicant under Section-19 of the Administrative Tribunals Act , 1985 making therein the following prayer: -

“i. Directing the respondents to release retiral benefits viz. Gratuity, Leave Salary, G.P. Fund etc in favour of the applicant on account of death of her husband who dies in harness on 09-12-2020 and the applicant is entitled for the same.”

2. The brief facts of the case leading to filing of this Original Application are: -

The applicant is widow of Late Rohin Nanda who was working as Senior Assistant in the Geology and Mining Department, J&K and died in a road accident on 09-12-2020. The deceased husband of the applicant left behind two unmarried daughters and the applicant who were totally dependent upon him for their survival.

3. It is averred in the O.A. that while in service a false /frivolous complaint was preferred against the deceased husband of the applicant by one Mr. Shiban Lal Bhat and on the said complaint an FIR No.04/2021 u/s 409, 420, 120-B IPC read with section 13 of P.C. Act at P/S Crime Branch, Jammu came to be registered against the applicant’s husband and one Sh. Aijaz Mir on 12-01-2021 and on the basis of the said FIR the applicant’s husband was placed under suspension vide Order No.438-S/C- Adm/DGM/Complaint/20- 21/1751-57 dated 17-07-2020 pending enquiry. Thereafter on 09-12- 2020, the husband of the applicant died in a road accident at Chowki Choura and an FIR No.237/2020 dated 09-12-2020 came to be registered in this regard.

4. The applicant was under suspension since July, 2020 and was only getting the subsistence allowance and the family is already facing financial crises and with his death the situation further deteriorated and the family was left with no source of income whatsoever and accordingly the applicant on 17-03-2021 made an application to the Senior Drilling Engineer, Geology and Mining Department, Jammu for the release of the family pension in favour of the applicant and despite the lapse of considerable time, the department was reluctant in considering the case of the applicant for Family Pension which constrained her to approach this Tribunal by virtue of OA No.61/1350/2021 titled Neetika Nanda V/s UT of J&K and Ors. for the redressal of her grievances.

5. The aforesaid OA was listed for consideration on 08-09-2021 and on the said date the same was disposed of with a direction to the respondents to treat the OA as representation and consider the case of the applicant for grant of Family Pension as per rules within a period of two months from the date of receipt of the certified copy of the order dated 08-09-2021. Thereafter the applicant served the aforesaid order upon the respondents and despite the lapse of time limit stipulated by the Tribunal the same was not implemented and the applicant again on 25-11-2021 served a Legal Notice upon the respondents seeking the release of Family Pension and other pensionary benefits of the deceased husband of the applicant in favour of the applicant. Thereafter the respondent No.3 in compliance to the Order dated 08-09-2021 passed by this Tribunal referred hereinabove addressed a communication No.SDE/Adm/PF-NN/2021/659-62 dated 03-11-2021 to the respondent No.2 intimating him to process the Family Pension case in favour of the applicant, however request has also been made by the respondent No.3 that Death-cum