Petitioner died while acb case pending in high court
Ramam
(Querist) 27 November 2013
This query is : Resolved
Dear Sir / Madam,
Please advise. My brother-in-law has trapped in a ACB case in Andhra Pradesh. He has been suspended and later reinstated into service. He has been convicted by lower court on October 1st, 2010. He appealed for High Court and the case has been accepted by High Court on 22nd October 2010 by suspending the lower court's sentence. However, he has been dismissed from service post the lower court conviction on Oct 30,2010. Unfortunately he died in June 2012 while the case is pending in High Court. As a legal heir, his wife has filed a LR(Legal Representative) petition in High Court for monetary benefits. At this juncture, we would seek your kind advise on the following aspects.
1) Did we follow the correct process of filing LR petition for monetary benefits ?
2) Is she entitled to received pension automatically or we need to get only through court
3) As per Vigilance manual, Criminal proceedings will terminate upon the death of the Govt servant. So, if the case is abated from Government end, will the dismissal period etc will automatically treated as service ?
Please clarify on the subject in the above case what are the entitlements the legal heir would receive, whether the case stands abated, whether the suspension an dismissal period will be treated as "in service etc".
Biswanath Roy
(Expert) 28 November 2013
Q 1. YES
Q 2. THROUGH COURT
Q 3. YOU NEED AN ORDER AND DECREE FOR DECLARATION FROM THE COURT THAT SINCE THE ALLEGED CRIME HAS NOT BEEN PROVED THE DISMISSAL PERIOD OUGHT TO BE COUNTED AND TREATED AS CONTINUATION OF SERVICE.
T. Kalaiselvan, Advocate
(Expert) 29 November 2013
Your case appeal has been filed and has not been decided by the high court?, What is the outcome of the appeal, whether it was dismissed or upheld? If the high court confirms lower court judgment, you stand losing all the benefits.
Ramam
(Querist) 29 November 2013
Dear Sir,
The appellant died while the case is pending for hearing in High Court. His wife is continuing as Legal Representative in the case. While being proved as acquittal in High Court may bring all the monetary benefits, however, is she not entitled to receive partial pensionary benefits based on 21 years of service ?
Biswanath Roy
(Expert) 29 November 2013
The matter is discretionary. In acb case the Hon'ble Court may allow such benefit on compassionate ground subject to strong and logical approach of an intelligent Counsel.
Ramam
(Querist) 29 November 2013
Thank you Sir
