Dismissed

Bharat Sanchar Nigam Ltd. and Ors. v. Babita Jha

Patna HC5 Apr 2016CWJC/16924/2014

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the denial of provisional pension to the wife of a deceased BSNL employee. The court held that since penal and departmental proceedings against the deceased could not proceed after his death, such proceedings had abated, and the challenge to the pension order lacked merit.

What did the court decide?

The Writ Petition is dismissed; there is no error in the impugned order warranting interference.

Bharat Sanchar Nigam Ltd. and Ors. Vs Babita Jha — Pension and Retirement Benefits | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16924 of 2014

¶2

===========================================================

¶3

Bharat Sanchar Nigam Limited, through the CMD, BSNL, Bharat Sanchar Bhawan, Janpath, New Delhi-1

¶4

The CGMT. Jharkhand Telecom Circle, ARTTC Campus, H.B. Road, Ranchi.

¶5

The Telecom District Manager, Bharat Sanchar Nigam Limited Dumka.

¶6

The Divisional Engineer (A&P), O/o the Telecom District Manager, Dumka.

¶7

.... .... Respondents/ Petitioners Versus

¶8

Babita Jha, wife of Late Sanjeev Kumar Jha, resident of Village & P.O. Pindaruch, District Darbhanga

¶9

.... .... Respondent/s

¶10

=========================================================== Appearance: For the Petitioner/s : Mr. Chandra Bhushan Prasad, Advocate. For the Respondent/s :

¶11

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

¶12

ORAL JUDGMENT

¶13

(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)

¶14

Date: 05-04-2016

¶15

The challenge in the present Writ Petition is to the payment of provisional pensionary benefit to the applicant, the respondent herein. Her grievance is that her husband was a regular mazdoor but after his death, she is not being paid pensionary benefit for the reason that a criminal investigation was pending against her husband including some of the officers.

¶16

Once an employee is dead, the penal proceedings cannot proceed against him. Similarly, no departmental proceeding can

¶17

Patna High Court CWJC No.16924 of 2014 dt.05-04-2016

¶18

2/2

¶19

proceed against him. The proceedings thus stands abated. Admittedly, no chargesheet or enquiry proceeding was initiated during the life time of the deceased husband of the applicant.

¶20

Therefore, we do not find any error in the impugned order which warrants interference by this Court.

¶21

The Writ Petition is accordingly dismissed.

¶22

(Hemant Gupta, J)

¶23

(Ahsanuddin Amanullah, J)

¶24

Dilip/Anjani.

¶25

Bharat Sanchar Nigam Ltd. and Ors. v. Babita Jha

Case brief

What is this about?

What did the court decide?

Bharat Sanchar Nigam Ltd. and Ors. v. Babita Jha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Baijnath Prasad Vs The Central Bank Of India and Ors.

34540 Bihar Pradesh Prathmic Shikshak Morcha and Ors. Vs State Of Bihar and Anr.

Shivadhar Singh Vs The State Of Bihar and Ors.

Chandeshwar Prasad Singh and Anr. Vs The Union Of India and Ors.

B. N. Mandal University and Ors. Vs Amit Pratap Roy and Ors.

Mustari Khatoon Vs The State Of Bihar and Ors.