REKHA DEVI AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) During pendency of the writ petition, the original petitioner died and vide order dated 20.12.2012 his daughter namely, Rekha Devi Agrawal has been substituted.

(2.) Seeking a direction for payment of salary during suspension period and for payment of retiral benefits, the original petitioner approached this Court. He was put under suspension vide order dated 30.06.1986 and a departmental proceeding was initiated on the allegation of fraud, forgery, manipulation of accounts and defalcation of fine amounts. He superannuated from service with effect from 31.01.1997. A criminal case was lodged against him vide G.R. Case No. 1636 of 1986 for committing offences under sections 409, 420, 486, 120-B of Indian Penal Code and he was convicted for the aforesaid offences. He was sentenced to undergo R.I. for 3 years for the major offences with fine of Rs. 5000/-. He preferred Criminal Appeal No. 33 of 2000 against the judgment and order dated 002000 passed in T.R. No. 40 of 2000. He died on 105.201

(3.) The learned counsel for the petitioner contends that on death of the original writ petitioner, the departmental enquiry stands concluded and the order of suspension would stand automatically revoked entitling him to full salary and allowances.