State of Jharkhand
& Ors. Vs. Uma Prasad  INSC 1106 (20 May 2009)
SUPREME COURT OF
INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 600 OF 2007 STATE OF JHARKHAND
& ORS. Appellant (s) VERSUS UMA PRASAD Respondent(s) (With appln(s) for
vacation of ex-parte stay and office report )) Date: 20/05/2009 This Appeal was
called on for hearing today.
HON'BLE DR. JUSTICE
MUKUNDAKAM SHARMA HON'BLE DR. JUSTICE B.S. CHAUHAN (Vacation Bench) For
Appellant(s) Mr.Manish Kumar Saran,Adv.
For Respondent(s) Mr.
Navin Prakash,Adv. Mr. Mohit K. Shah,Adv. UPON hearing counsel the Court made
The appeal is
dismissed in terms of the signed order.
(Ganga Thakur) (
Phoolan Wati Arora ) P.S. to Registrar Court Master Signed order is placed on
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 600 OF 2007 STATE OF
JHARKHAND ...APPELLANT(S) Versus ORDER This appeal is directed against the
judgment and order dated 13.12.2005, whereby the Division Bench of the
Jharkhand High Court, dismissed the Letters Patent Appeal filed by the
The writ petition was
filed by the respondent claiming herself to be the widow of late Birendra
Prasad with a further prayer for releasing the death-cum-retiral benefits of
her husband, who died in harness on 8.10.2004, while working as Assistant in
the Secretariat, Dept. of Art. Culture, Sports and Youth Affairs, Jharkhand.
The writ petition was disposed of by the learned Single Judge on 27.4.2005,
directing for release of the death-cum-retiral benefit and also the salary, if
any due, together with interest. The appellant aggrieved by the said order
filed a -2- Letters Patent Appeal before the Division Bench of the High Court,
which was dismissed by the order dated 30.12.2005, as against which this appeal
appearing for the appellant has submitted before us that there are certain
claims of the department against the deceased arising out of appropriation by
him of some amount belonging to the Government.
consideration of the records, we find that late Birendra Prasad, the deceased
was put under suspension on 26.9.1998 on the order of the Commissioner, Chhotanagar
Division, Ranchi, and by another order dated 16.6.2000, his suspension was
revoked. Thereafter, he died on 08.10.2004 in harness while working as
Assistant in the Secretariat, Dept. of Art. Culture, Sports and Youth Affairs,
Jharkhand. That being the position and since the learned counsel for the
respondent is unable to show us any order passed by the competent authority
issuing any charge-sheet against the said deceased, there could be no recovery
of any amount from the retiral benefits of the deceased Birendra Prasad. There
-3- is no record to show that any departmental proceeding was drawn up by the
department against the deceased before his death. We find no error in the
judgments passed by the Division Bench and by the learned Single Judge of the Jharkhand
High Court. There is no merit in this appeal and the same is dismissed.
We are informed that
during the pendency of the present appeal the respondent was paid an amount of
Rs.1,00,000/- (rupees one lakh) which shall now be adjusted against the dues
payable to the respondent. All the service benefits and other dues which are
required to be paid to the respondent here shall be paid within a period of two
months from the date of receipt of a copy of this order.
( MUKUNDAKAM SHARMA )
(Dr. B.S. CHAUHAN )