Hire responsibility in clearing father un-proven departmental disiplinary action
Alohith Baba
(Querist) 12 May 2013
This query is : Resolved
Greetings,
My father was expired in 22-OCT-2010, and on compassionate grants I got a govt job as Junior Assistant in the same Panchayat Raj Dept,Andhra Pradesh on 30-05-2012.
In 2006 my father has faced a disciplinary action for not having supervision on his staff who misappropriated panchayat funds which was under verification since then, recently in month of March-2013(after 2 years of his death) , I received a notice from District Panchayat Officer , so as I was a heir , I have to pay the half of the misappropriated amount.
All things like Pension etc etc where passed in last year only.
Is heir's responsible for all these, please go this case through Andhra State Govt rules.
M V Gupta
(Expert) 13 May 2013
Heir is not liable to discharge the liabilities of his deceased father which he incurred due to his illegal acts or immoral acts. It does not constitute his (son's) pious obligation. Reply to the notice that ur father had died. Enclose the death certificate along with ur reply. But the father's estate i.e., father's properties in the hands of the heirs may be liable to discharge such debts.
Alohith Baba
(Querist) 13 May 2013
Thanks for you suggestion, will give reply to those notice,it is very clear if I mention the section and rules of the act.
Can you please mention the section and the rule of the act.
M V Gupta
(Expert) 13 May 2013
The doctrine of pious obligation is under the Hindu personal law. This is a defence u can take if a suit is filed against u for recovery of the amounts. Under the above doctrine, ur personal assets such as salary, properties acquired by you with ur own earnings cannot be attached by the creditors.
Alohith Baba
(Querist) 14 May 2013
M.V.Gupatha, hearty thanks for your replies.
I am looking for Act name and rule to mention in my reply letter to make it better strong enough.
I googled regarding Hindu law and I found that it was Hindu Law 2005.
but I am unable to find the section and rule for that prescribed issue, can you reveal that please.
Alohith Baba
(Querist) 14 May 2013
M.V.Gupatha, hearty thanks for your replies.
I am looking for Act name and rule to mention in my reply letter to make it better strong enough.
I googled regarding Hindu law and I found that it was Hindu Law 2005.
but I am unable to find the section and rule for that prescribed issue, can you reveal that please.
Sudhir Kumar, Advocate
(Expert) 14 May 2013
already discussed in http://www.lawyersclubindia.com/experts/In-related-with-my-Father-State-Govt-disciplinary-action-asking-me-to-clear-the-debts--387326.asp#.UZJY-Ur2Bws
Alohith Baba
(Querist) 14 May 2013
Yes Mr.Sudhir Kumar, the reason behind this post is that on you suggestion I checked all over "indiakanoon" but didn't find ant related section or rule for the mentioned points there, so I decided not to argue with my officers about past and taking straight point that they asking me to pay as I was a heir so I defend with them by saying heir need not to clear debts according to the law so and so
here also I am facing same problem what section and rule have to mention in letter, my colleagues are saying mentioning section and rule is must.
Hope you got intention behind this post, and can you help me in getting the rule to put an end to my issue, eagerly waiting for the solution any one please help me on this.
Sudhir Kumar, Advocate
(Expert) 20 May 2013
each service has a well laid down rules for institution of penalties including "recovery of govt loss created by govt servant"
M V Gupta
(Expert) 23 May 2013
Dear Mr. Pradeep, to know the full details of the doctrine of pious obligation of a Hindu son, please search the India kanoon web site with the heading "pious obligation of son". you will get many judgments on the issue with full explanations.
Alohith Baba
(Querist) 23 May 2013
Finally I got a law Mr.Gupta
Hindu Succession(Amendment),2005,Sec6,Sub Sec:4.,it sets exactly to the issue.
Guest
(Expert) 23 May 2013
Good, if you have found the solution to your problem by finding relevant law.
Raj Kumar Makkad
(Expert) 23 May 2013
Experts here are for guidance and rest depends upon the efforts of the querists to get benefit.
Sudhir Kumar, Advocate
(Expert) 24 May 2013
the concept of pious obligation and succession law shall not apply in this case.
in this case the fraud by father was yet to be proved and he died. this employee who is just a compassionate appointee is under no obligation to pay.
Alohith Baba
(Querist) 24 May 2013
Yes didn't proved when my father was alive, and now making false judgments.
To maintain the dignity and not to argue with the officers like they do , as I was still in probationary period.I am just highlighting one thing what they stated in NOTICE, as I was the HEIR , have to pay the half the amount.So according to their fool judgement only I stated a regarding law which was stated above.
Hope it so would be right step Sudhir Sir
