HIRABHAI BHIKANRAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner No. 1 is the widow of one Bhikanrao Deshmukh, since deceased, while petitioner No. 2 is the son. Bhikanrao Deshmukh was the civil servant having been appointed as a Talathi in the year 1956. Disciplinary proceedings were initiated against him and he was placed under suspension on 10th March, 1969. Proceedings could not be completed and he expired before the age of the retirement while in service and under suspension, on 10th September, 1978.

(2.) By the impugned order made on 2nd February, 1984, the Sub-Divisional Officer, Khamgaon has held, upon the application presumably made by the petitioners, that since no orders were made in the disciplinary proceedings said deceased Talathi is presumed to have been found guilty and further is presumed to have been dismissed at the time of his death. On that basis, his period of suspension was treated and the prayer of the petitioners duly made by the application for salary of the deceased and all other benefits arising out of termination of service have been rejected. The benefits which were claimed included payment of the salary due for the period of suspension of the civil servant who was dead while under suspension, the claim for gratuity, claim for family pension and also compassionate prayer for employment of petitioner No. 2.

(3.) As we indicated earlier, the order is made refusing all these entitlements as is apparent from the reasoning of the Sub-Divisional Officer on the ground that by reason of the fact that the deceased employee was subjected to civil imprisonment in custody, he should be presumed to have been found guilty in the departmental Enquiry and further he should have been presumed to have been treated as dismissed from civil service. It appears that for non-return of the record like Kird Book or Khatavani, the said deceased Talathi was dealt with under S. 183 of the Maharashtra Land Revenue Code, 1966 and was subjected to civil detention. That provision provides for orders and detention of a defaulter for a period of 10 days in the office of the Collector or Tahsildar and thereafter under sub-s. (2) permits civil imprisonment under the warrant of the Collector. For all purposes the detention is the civil detention and has nothing to do with the departmental enquiry.