regarding recovery on account of shortage of material from store
varun kumar
(Querist) 25 April 2011
This query is : Resolved
A store keeper while in service shows the material short from the store amounting to Rs.13 lacs approx and Dept. lodged a complaint against him. During the course of trial the accussed died and the court dismissed the proceddings of the trial and aquitted him from all the charges levelled against him. It may kindly be advised whether the sum which is still outstanding can be recovered from the death benefit of the deceased or not. if not procedure to be adopted further may be apprised please
R.Ramachandran
(Expert) 25 April 2011
It has not been proved that the deceased Store keeper was responsible for the loss of the material. Therefore, you cannot deduct anything from the terminal benefits of the deceased. Your company / department has to take up the matter for write off of the loss, if any, due to shortage of the materials in the store.
Guest
(Expert) 25 April 2011
On death of the accused, the case is automatically closed. Even in death case terminal benefits cannot be denied to the legal heirs of the employee. Your company will have to write off the loss.
M/s. Y-not legal services
(Expert) 25 April 2011
Yes.. A criminal case will ends with concern partys.. Its will bind the legal heirs of that partys.. But whats your previous case against the accused?
M/s. Y-not legal services
(Expert) 25 April 2011
Even if you have proper documentary evidence mean you can file a civil suit against the legal heirs for recover your money..
Kirti Kar Tripathi
(Expert) 26 April 2011
It is settled position of law that criminal trial and departmental proceedings are distinct from each other and are independent, though charges may be same. Thus acquittal in criminal offence either on merit or because of abatement due to death of employee has no relation with the departmental proceedings but imposing of liability of shortage or on any financial irregularity is amount to punishment on delinquent employee treating the same as misconduct under his service condition, for which he is required to be given an opportunity to have his say. This means the departmental proceedings requires entire disciplinary proceeding, i.e issue of charge sheet, asking explanation, domestic inquiry, show cause etc.. If all these proceedings are held and the concerned employee is held guilty the recovery of amount is legal otherwise not.
Guest
(Expert) 27 April 2011
Dear Kritikar,
Please review you reply by rereading the question.
It is not a case where disciplinary proceeding was launched by the organization, rather it was a police case being tried in a court of law and the offender was deemed to have been acquitted on his death and the case was dismissed. The author has asked for solution about recovery from terminal benefits of the employee now due to legal hers.
Kirti Kar Tripathi
(Expert) 27 April 2011
Dear Dhingra,
My answer is also relate with terminal dues. As in case, the terminal dues of deceased employee are not paid to the legal his heirs due to said alleged offence on the part of deceased employee. They should know the legal position case and the right procedure to claim. Otherwise, there is no dispute as to payment of terminal dues.
Guest
(Expert) 27 April 2011
Dear Kriti Kar,
Your earlier reply has discussed more on departmental position, while the author's question was on dismissal of criminal case. Even if departmental inquiry would have been held, but still on death of the employee no recovery could be affected from terminal benefits.
Anyway thanks for clarification.
