Penalty on govt employee cannot be recovered from legal heir after death, says state Lokayukta

The complainant’s husband was accused of committing irregularities while working on Gharkul Yojana under the Indira Awas Yojana during the period from 2006-07 to 2009-10. He was placed under suspension on October 18, 2010.

A departmental enquiry was also held against him and the report was submitted by the enquiry officer on December 8, 2014. After dismissal from service on June 9, 2015, he appealed against the order before the divisional commissioner on September 30, 2015. The divisional commissioner in January 2018 directed he should be reinstated in service.

However, the petitioner’s husband died in September 2017. On account of his death, the special court dismissed the appeal against him, abated on account of his death.

Meanwhile, his wife’s appeal for a family pension was approved in June last year. The period of suspension of her husband was to be treated as a leave of absence without pay.

The Chief Executive Officer, however, passed an order stating that the amount misappropriated by her husband should be deducted from the gratuity, which was payable to her and the remaining amount should be recovered by deducting 40 per cent from her family pension for life.

The order said that the authorities had directed to recover the amount from the main accused in the matter and based on that the complainant was also served the notice for the recovery of the amount.

“Be that as it may, the second question, which falls for consideration, is whether the penalty was imposed to recover the amount from the complainant, who is (the) legally married wife,” the order said. However, the Lokayukta ruling came as a relief for the family.