YUMNAM ONGBI IBEMHAL DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. R.K.Nokulsana, learned senior counsel assisted by Mr. Y.Sanajaoba, learned counsel for the petitioner and Mr. Aleng Vashum, learned Government Advocate for the State respondents.

(2.) In this writ petition, the petitioner is seeking for a direction to the respondents to pay pensionary benefits in respect of her late husband who was serving as Section Officer, Grade-I in the Electricity Department, Govt. of Manipur and died while in service but was facing a departmental enquiry at the time of death. According to the petitioner, the petitioner's husband, namely, Y.Muhindro Singh was serving as a Section Officer, Grade-I on regular basis in the Electricity Department, Govt. of Manipur and he died on 24.02.1998 while in service due to mental shock after the charge of misappropriation of store materials amounting to Rs.20,77,053/- was made against him. The petitioner's husband was placed under suspension vide order dated 5.8.1991 on the charge of misappropriation of the store materials as mentioned above. Thereafter, a departmental enquiry was initiated against him. The Enquiry Officer submitted his report which gave a finding against the petitioner's husband that the charges against him had been proved. Though the enquiry report was submitted, the second show-cause notice required under the law before imposing major penalty could not be served on the husband of the petitioner as he expired before that.

(3.) The State respondents have field their affidavit-in-opposition contesting the writ petition. In the affidavit-in-opposition, the State respondents have stated that the departmental enquiry was conducted against the petitioner's husband and the enquiry report gave a finding that the charges levelled against him of misappropriating Rs.20,77,053/- had been proved. However, before the authority could serve the second show-cause notice for inflicting major penalty on the charged officer, he died suddenly on 24.02.1998 because of which no further action could be taken. On expiry of the charged officer, he was terminated from the Government service w.e.f. 24.02.1998. Thereafter, the order dated 8.6.2000 was passed dropping the departmental enquiry against the charged officer. However, it has been stated that the Government took decision to make recovery of the amount which have been proved to have been misappropriated by the charged officer from the pensionary benefits of the said officer. It has been stated that other than making recovery of the said amount of Rs.20,77,053/- from the pensionary benefits, the petitioner is entitled to other pensionary benefits.