Service matters - I need citations

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Service matters - I need citations

I need any citations passed by any Hon'ble Court of Law, wherein the case shows that an employee was facing an allegation in his/her department, which was never proved by department while the employee was alive and no Departmental charges are framed against the employee and no Disciplinary proceedings are initiated against the employee for any misconduct, and the police case was filed against the employee by the department on the said misconduct and the police case was closed referring as action abated. The department after the death of employee, has provided employment to dependent family member under compassionate grounds as per rules and recovering certain amount from salaries of employee and withheld monetary benefits. In this case, is it legally possible by department to recover any amount from dependent employee's salaries, wherein no misconduct of parent of employee is proved. I need any citations passed by any concerned Hon'ble Court of Law in any such similar case. As imposing punishment against dependent of employee for a misconduct alleged to be committed by employee while in service is NOT PROVED and imposing such punishments is nothing but a severe violation to legitimate human rights of innocent person.

1 year ago

Reply

Dear Client,
As ruled out by the Supreme Court in Civil Appeal No. 5224 OF 2008, arising out of SLP(Civil)No.8765 OF 2007. GENERAL MANAGER,. STATE BANK OF INDIA & ORS. … APPELLANTS....VERSUS....ANJU JAIN … RESPONDENT, no past acts of misconduct of the employee who dies in harness can be taken into account while considering the case of a family member for employment on compassionate grounds, as it is not a benefit provided to the deceased employee but for providing immediate relief to its dependents to survive. So, in view of the above ruling of the Apex Court, the Employer department cannot recover any amount from the dependent employee's salary to recover the penalty for the misconduct of the parent employee. So, for redressal of grievance, if the employee belongs to State Govt. then a dispute is to be raised before the State Administrative Tribunal(SAT) after filing a grievance petition before the Authority of the concerned Deptt and if the employee belongs to Central Govt. then the dispute is to be raised before the Central Administrative Tribunal(CAT) post a grievance petition before the Authority of concerned Deptt. Reach out to an Advocate handling SAT/CAT matters for guidance and steps. . In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.