Letters Patent Appeal No.1107 OF 2005 --- In the matter of an appeal under Clause 10 of the Letters Patent Jurisdiction of Patna High Court. --- 1. STATE OF BIHAR, THROUGH ITS SECRETARY, DEPARTMENT OF ANIMAL HUSBANDARY AND FISHERIES, GOVT. OF BIHAR, PATNA. 2. THE DEPUTY SECRETARY, DEPARTMENT OF ANIMAL HUSBANDARY AND FISHERIES, GOVT. OF BIHAR, PATNA. ... Appellant (RESPONDENT NO.2 & 3 IN CWJC No.16623 OF 2004) Versus 1. SMT.KUMARI SHASHI PRABHA, WIFE OF LATE HARI SHARAN SRIVASTAVA, THE THEN DIRECTOR, DAIRY DEVELOPMENT DIRECTORATE, ANIMAL HUSBANDARY AND FISHERIES, GOVT. OF BIHAR, PATNA, RESIDENT OF MOHALLA NAYA TOLA, PHULWARISHARIF, PATNA. …..RESPONDENT IST SET. (PETITIONER IN CWJC No.16623 OF 2004) 2. THE ACCOUNTANT GENERAL, BIHAR PATNA. (RESPONDENT NO.1 IN CWJC No.16623 OF 2004) 3. THE DEPARTMENTAL ENQUIRY COMMISSIONER, GOVT. OF BIHAR, PATNA ... RESPONDENT 2ND SET. (RESPONDENT NO.4 IN CWJC No.16623 OF 2004) ---- For the Appellants :Mr. Sunil Kumar Karn, AC to AAG 6 For the Respondent :Mr.Ashok Kumar Sinha & :Mr. Shyam Sundar Pandey --- P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL *** The State of Bihar has filed this appeal under Clause 10 of the Letters Patent of High Court of Judicature at Patna, and raises a grievance with respect to the judgment dated 14.07.2005, passed by a learned Single Judge of this Court in CWJC No.16623 of 2004 (Smt. Kumari Shashi Prabha Vs. The Accountant General & Ors.), whereby the departmental proceeding against the husband of the writ petitioner has been S.K.Katriar & K.K.Mandal,JJ. - 2 - set aside, and the State of Bihar has been directed to make payment of the entire dues to her in the capacity of the widow of the late employee. 2. A brief statement of facts essential for disposal of the appeal may be indicated. We shall go by the description of the parties occurring in the writ proceedings. Hari Sharan Srivastava, the late husband of Smt. Kumari Shashi Prabha, was Director, Dairy Development Directorate, Animal Husbandry and Fisheries, Govt. of Bihar. The State Government decided to wind up the Corporation in the year 1986, and the services of its employees were transferred to the State Government with continuity of service. The husband of the petitioner was one such employee. He had last served the Corporation as a Director, and he superannuated from the services of the Bihar Government on 31.03.1999, as Director, Dairy Development, Department of Animal Husbandry. While in service of the State Government, a departmental proceeding was initiated against him for appointing 13 class III and class IV employees in the year 1995 on ad hoc basis. After conclusion of the departmental proceeding, the punishment of forfeiture of the entire amount of gratuity and certain amount of earned leave was imposed on him. The employee died before the order of punishment was passed against him leading to the present writ petition at the instance of his widow. The writ petition has been allowed on the ground that the order of punishment was passed - 3 - after the employee had died, and also on the ground that it is hit by the bar engrafted in Rule 43(b) of the Bihar Pension Rules(hereinafter to be referred to as the ‘Rule’). 3. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears to us that the appointments had been made way back in the year 1995, and charge-sheet was served on the late employee on 11.05.1999. The learned Single Judge has come to the clear finding that the charge-sheet was served on the late employee after expiry of the period of four years of the incident. We, therefore, agree with the finding of the learned Single Judge that the proceeding is hit by the bar engrafted in Rule 43(b) of the Rule. 4. The second aspect of the matter is that the employee died on 11.12.2001, and the order of punishment was passed by notifications dated 13.9.2004 and 9.10.2004 (Annexure-17). It is manifest on the face of it that the order of punishment was passed a little less than three years after the death of the employee which was obviously passed against a dead person and cannot be sustained in the eye of law. We entirely agree with the order of the learned Single Judge. 5. The learned Single Judge has directed payment of interest at the rate of 6% to be paid to the petitioner on the full amount of gratuity within a period of four weeks. We - 4 - clarify that the petitioner shall be entitled to interest at the rate of 6% on her dues from the dates the amounts became due till the date of payment. 6. The appeal is dismissed with costs quantified at Rs. 10,000/- (ten thousand) which shall be paid along with the aforesaid dues. ( S. K. Katriar ) ( Kishore K. Mandal ) Patna High Court, The 14th December, 2009 HR/NAFR