IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL NO.211 of 2010 In CIVIL WRIT JURISDICTION CASE NO.9702 OF 2004 With INTERLOCUTORY APPLICATION NO. 1063 OF 2010 In LETTERS PATENT APPEAL NO. 211 OF 2010 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = 1. The Bihar State Food & Civil Supplies Corporation Ltd. through its Managing Director, Patna 2. The Managing Director, Bihar State Food & Civil Supplies Corporation Ltd., Patna 3. The Chief of Claim, Bihar State Food & Civil Supplies Corporation Ltd., Patna - Cum - the Enquiry Officer 4. The Chief of Administration, Bihar State Food & Civil Supplies Corporation Ltd., Sone Bhawan, Bir Chand Patel Path, Patna --------Respondents-------------- Appellants. Versus 1. Shyama Devi W/O Late Suraj Kumar Choudhary R/O Mohalla- Bhkatoli, Dhurwa More, P.O.- Bundu, Distt.- Ranchi (Jharkhand) ---Petitioner----------Respondent. 2. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd., Munger, Distt.- Munger 3. The District Manager Bihar State Food & Civil Supplies Corporation Ltd., Rohtas at Sasaram, Distt.- Rohtas 4. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd., Darbhanga, Distt.- Darbhanga 5. The District Manager Bihar State Food & Civil Supplies Corporation Ltd., Dumka, Distt.- Dumka (Jharkhand) 6. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd., Vaishali At Hajipur, Distt.- Vaishali---- Respondents-Respondents. Appearance = = = = = = = = = = = = = = = = = = == = = = = = MR R.S. PRADHAN for the Appellants MRS. SHASHI PRIYA PATHAK For the Respondents. 2 = = = = = = = = = = = = = = = = = = = = = = = = = = = = CORAM : HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S.K. KATRIAR Date: 12/7/2010 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) ORDER IN INTERLOCUTORY APPLICATION This Application under Section 5 of the Limitation Act is made by the appellant for condonation of delay of 120 days occurred in filing of the Letters Patent Appeal No. 211 of 2010. Learned Advocate Mrs. Shashi Priya Pathak appears for the opponent. She has no objection if the delay is condoned. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Order In Letters Patent Appeal Feeling aggrieved by the judgment and order dated 27th August 2009 passed by the learned Single Judge in above C.W.J.C. No. 9702 of 2004, the Bihar State Food and Civil Supplies Corporation Ltd.(hereinafter referred to 3 as the Corporation) has preferred this appeal under Clause 10 of the Letters Patent. The matter relates to shortage of food-grains found in the godowns of the Corporation in-charge of the husband of the writ petitioner, an Assistant Manager in the Corporation. A disciplinary proceeding was initiated against the delinquent in the year 1989 for heavy loss of the food- grains in the godowns under his charge. A supplementary charge sheet was issued in the year 2003 for the loss of food- grains in the years 1977-78; 1982-83 to 1985-86 and 1990- 91 to 1992-93. The alleged loss of the food-grains was worth more than Rs.6 lacs. The enquiry officer, in his report dated 3.12.2003, found the delinquent guilty of the embezzlement of total sum of Rs. 6,22,423.98.Out of which a sum of Rs. 3,69,834.00 was already recovered pending the disciplinary proceeding. The remaining sum of Rs.2,52,589.98 was held to be recoverable from the delinquent. Before the disciplinary authority could accept the report of the enquiry officer and proceed further, the delinquent died on 24th December 2003. On 12th January, 2004 the disciplinary authority made order for recovery of the aforesaid amount of 4 Rs.2,52,589.98. Feeling aggrieved the widow of the delinquent, the respondent herein filed C.W.J.C. No.9702 of 2004 before this Court. The petition was contested by the Corporation. The learned Single Judge was, by the impugned judgment and order dated 27th August 2009, pleased to allow the petition. The learned Single Judge was pleased to hold that, “A departmental proceeding against an employee totally abates on death of an employee, for the simple reason that in order to punish an employee the employer- employee relationship must subsist. Once an employee died, the said relationship ceased. The proceedings thus abate.” The learned Single Judge also noticed, “a bare reference to the enquiry report would show that there is little or no consideration of petitioner’s defence nor has any evidence at all been discussed.” In view of the aforesaid findings the learned Single Judge was pleased to allow the writ petition and set aside the order of the recovery made against the writ petitioner. We do not agree with the absolute proposition that after the death of the employee the departmental 5 proceeding comes to an end and no recovery can be made from the estate of the deceased. Nevertheless, we do not interfere with the order of the learned Single Judge for the simple reason that the cause of action i.e. incident in question was too remote and that substantial part of the loss was recovered from the delinquent during his life time. We do not propose to allow the Corporation to recover the remaining amount from the widow of the deceased employee. For the aforesaid reason we dismiss this Appeal. Interlocutory Application stands disposed of. Vinay/ (R.M. Doshit,CJ.) ( S. K. Katriar ,J. )