Detail of rule & related rules

R 15(5) of Swamy's CCS (CCA) lays down: If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 11 should be imposed on the Government servant, it shall, notwithstanding anything contained in rule 16, make an order imposing such penalty. (Note: R 11 lays down 'minor penalties' between clauses (i) and (iv.)

R 79 of Post Manual Volume III lays down: Disciplinary proceedings come to an end immediately on the death of the alleged offender. No disciplinary proceedings either under the Central Civil Service (Classification, Control & Appeal) Rules, 1965 or under Article 351-A of the C.S.R. can, therefore be continued under the death of the concerned officer.

To my best interpretation, the two sections read together would imply that a penalty that was/would have been imposed upon a public officer/servant is now null as the proceedings against him would come to an end for reason of his death.

Actually my father was expired on 13.08.2000 on duty & he was involved in loss & fraud case my mother was expired on 22.01.2001 with out recieving any type of fund of father because department had not released fund to her after the death of mother all payment were released to us on 14.04.2001 but DCRG was released only 90%. after 17 years when i asked from the department for the releasing of final DCRG  department issue a letter of recovery 375000 to us. while as per concern i have read all cases going ceased of after the death of employess that why i was asking that rules for clearing my self.

NOW I HAVE FILED RTI FOR TAKING FULL INFORMATION FROM THE DEPARTMENT REGARDING THE CASE AS IT COME TO ME THEN I WILL CLEAR REAL CASE TO YOU

The real questions involved are:

- whether the department had initiated disciplinary proceeding against your father for the alleged loss and fraud?

- whether the disciplinary proceddings had concluded during the lifetime of your father?

- If so, whether any punishment was imposed?

- If yes, what was the punishment?

You may obtain this specific information under the RTI Act.

Yes it was initiated by department, it was concluded during his service Time, he was on duty & he was fighting case against department through court. A all india case was happened in 1997 for the transection of kisan vikas patra to wrong person, from bindki where my father was appointed 7,50,000 was deposited to that person by my father & his head. only i know it.