VISHEKHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is the widow of late Ugra Narayan Pathak, who was posted as Jan Sewak under Kochadhaman Block of Kishanganj District. He was put under suspension on 19/9/1991 by an order issued by the District Magistrate, Kishanganj and a departmental proceeding was initiated against him on 26/7/1994. An inquiry report was submmitted by the Inquiring Officer on 21/9/1995. It appears that there was allegation against him of embezzlement of a sum of Rs.1,18,120.00, which was found proved in the report of the Inquiring Officer. It further appears that a criminal case was also lodged against him. The order of suspension was subsequently vacated on 5/2/2003 with the condition that a decision on payment of salary for the period during which he had remained under suspension shall be taken after conclusion of the trial arising out of the criminal case, which was then pending. It was also decided that if he was found guilty in the criminal case, the department proceeding against him would continue.

(2.) Apparently, thus, after submission of the report of the Inquiring Officer dtd. 21/9/1995, no decision was taken on the said report till the order revoking suspension was passed. The petitioner's husband retired on 30/6/2009 on attaining the age of superannuation and died on 12/12/2014. In the meanwhile, he was acquitted in criminal case on 19/6/2012.

(3.) It is the petitioner's case that her husband was acquitted in the criminal case, which fact has not been disputed. The deceased employee had earlier approached this Court by filing a writ application which had given rise to CWJC No. 7692 of 2014, which was dismissed on 27/1/2015 as having abated, consequent upon his death in 2014. Liberty was, however, granted to the legal representatives of the deceased employee to make representation.