Employee Died - Balance Punishment Amount Recovered From The Family?

Sir I want to know that the possibility of recovery from increment arrears or encashment of leave, if they recovered what should I do?

Dear Hema,
I appreciate your efforts to help your near & dear ones. There is nothing to suggest in the TN rules that the balance of punishment shall be recovered from the pension payable to the nominees. However there is a possibility of recovering the same from the leave encashment but there can't be increment arrears.

Dear Hema Sarathi,

Thank you for uploading the Order No.113 dated 02.08.2006 which was notified with reference to rules of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. A reading of this order very clearly gives the conclusion that a punishment can be imposed/implemented on a person during the period he holds a civil post under the State Govt.

2. The definition of ‘Person’ as given in Rule-2 of TNCS (D&A) Rules is that – “A person holding a civil post under the state.” This gives the conclusion that the Rules apply to a “person holding a civil post under the state”, and therefore these rules can not be applied to the members of his family after his death. It is because a “person” ceases to hold civil post the moment he dies.

3. I would again refer to the specific text of the above order No.113 dated 02.08.2006. In the last sentence of Para No.3 it is mentioned that “The Government have, therefore, decided to extend the above provision of recovery of monetary equivalent to the type of cases mentioned above only.” What are those cases? If you refer to the text of the order, then it is clear that Para No.2 stipulates that cases where the punishment of withholding of increment cannot be implemented fully consequent on the promotion of the person to higher posts. It is clear that this Order No.113 does not intend to cover the contingency of death of a government servant. Hence, please do not feel restrained to process the case of the deceased employee for release of pensionary benenfits.

4. I would also invite your attention to Rule IX of AiS(D&A)Rules, 1969 [DOPT letter No. 11018/1/99-AIS(III) dated 14.5.1999] India Service (Discipline & Appeal) Rules, 1969, which stipulate that disciplinary proceeding should be closed immediately on the death of the alleged member of the Service. This supports the contention that punishment awarded as a result of disciplinary proceedings shall be closed with the death of the employee. Therefore, the question of recovery does not arise.

5. It is suggested that you may pursue your case giving all references and above reasons to concerned senior officer. Please

6. It is well settled that no recovery can be made after the death of the employee.

Regards

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9818680671

New Delhi.

Ms Hema,
Dead persons neither can be punished nor given any increment falling due on the date post death. Recovery from pension is altogether is a different question. The recovery you wish to make is not a recover of State revenue which can be recovered from the estate of the dead.
You can recommend closure of the matter as the delinquent employee is dead hence balance punishment can not be executed.

Thanks for this reference Department letter No. 11018/1/1999-AIS(III) dated 14.5.1999
But in this case it is a final order of the punishment - stoppage of 2 yr increment with cumulative effect

Dear Hema,

I have gone through your several posts, and I find that you are disclosing the facts in instalments. In your last post, you have raised a query about what you should do in case the recovery has been made from the beneficiary family member of the deceased government servant. As I already told you that government dues can be recovered either from gratuity or from leave encashment, but not from pension. I also told you that amount of withholding of increment does not come under the category of government dues. Therefore, in these circumstances, the family has to represent to Head of the Office/Department/Administrative Authority who has given orders/approval for recovery of amount equal to amount of withheld increment for the unexecuted period of penalty.

2. I wish to again assert and clarify that Order No. 113 of 2006 and subsequent amendment of TNCS (D&A) Rules mentions "that in cases where the penalty of withholding of increment cannot be given effect to fully for any contingency that arose after the penalty of withholding of increment is imposed, the monetary value equivalent to the amount of such increments that cannot be given effect to shall be recovered from the person." The words and expression "any contingency" means the contingency arising during the period of service when a "person" continues to hold a civil post under the state. The order does not prescribed the event of death and recovery thereof. The preamble to the Gazette Notification also makes it very clear recovery is to be made in the circumstances arising during the period of service. The contingency of death is not included in this order.

3. It may be reiterated that when penalty of stoppage of increment is imposed, the Government does not pay the amount of increment to the Govt. servant. It is to be noted here, that there is no system of crediting into Govt. Treasury the amount of stopped increment, not paid to the Govt. servant. Therefore, even if the person was alive, the Govt. would not have paid any amount to him, nor it would have credited that amount to Govt. Treasury. Hence, making recovery on this account, from the family of deceased, is absolutely absurd, illogical and against the well settled law that all disciplinary proceedings including imposition of punishment come to an end with the death of an employee.

4. In view of above the family may represent to the concerned Administrative Authority and claim refund of the amount of recovery made. In case of any assistance in drafting of a representation, you can seek my help/guidance at srivastavacmlal at the rate gmail dot com or contact me at 09818680671. I am fully confident that the family will succeed in their efforts of claiming refund.

5. When you post any thread, kindly indicate from whom you wish to have an opinion. This will be logical for all members of citehr.

With regards

C.M. Lal Srivastava

Consulting Professional

#Hema Sarathy,
Dear Hema,
I was waiting to know, how you solved this case. Is that file closed?
Please comment.

on death of a charged government servant, whether any disciplinary action or award or punishment shall impose by the disciplinary authority ?

If the chargesheeted employee dies during disciplinary enquiry, then the charges will not be proved against him, in that case punishment cannot be imposed since the process is not complete and he is not got full opportunity to defend himself as per the rules of natural justice.

Dear friends,
The meaning of the Latin phrase " Actio Personalis Moritur Cum Persona " is " A personal action dies with the person ". Therefore, punishment awarded to an employee by means of stoppage of certain increments with cumulative effect can not survive the contingency of his death during its operation. That apart, the computation of terminal benefits, if any due to his legal heirs consequent on his death while in service has to be done simply based on his last emoluments with reference to the length of his past service only. Hence no possibility of recovery of increment dues of the unexpired part of the period of punishment from the terminal benefits of an employee after his death while in service.