M.Y.EQBAL, J. - (1.) IN this writ application the petitioner, who is the widow of late Shambhu Nath Pandey, has prayed for issuance of an appropriate direction upon the respondents to pay to the petitioner the post - retirement benefits such as family pension, provident fund amount, gratuity, unpaid salary, group insurance and suspension allowances etc. on account of death of her husband who died at the age of 55 years while in service of the respondents.
(2.) PETITIONERS case is that her husband was working as Assistant in the Social Forestry Division. Koderma under respondent No. 3, Divisional Forest Officer, Social Forestry Division. Koderma. On 14.7.1995 a disciplinary proceeding was initiated against the petitioners husband for the alleged defalcation of Rs. 1,76,229/ - forgery falsification of records and misuse of office, it is stated that belatedly on 27.7.1998 an Enquiry Officer was appointed to enquire into the aforementioned charges against the petitioners husband but the Enquiry Officer did not actually carry out the proceeding until the petitioners husbands death on 24.3.1999. It is alleged that after the death of the petitioners husband enquiry proceeding was started and concluded ex parte and on the basis of that enquiry report, the disciplinary authority passed order of dismissal of the petitioners husband from service, vide order dated 13.9.1999. A counter -affidavit has been filed on behalf of respondent No. 3 stating, inter alia, that the petitioners husband was suspended on the charge of defalcation of money vide order dated 8.12.1993 and during the period of suspension the headquarter of the petitioners husband was fixed at Giridih Forestry Division. A criminal case was also instituted simultaneously against the petitioners husband. Thereafter, a departmental proceeding was initiated vide order dated 14.7.1995 and an Enquiry Officer was appointed on 27.7.1998. The Enquiry Officer fixed 14.1.1999 for enquiry and the same was intimated to the petitioners husband vide letter dated 8.1:1995. It is stated that despite notice the employee did not choose to appear before the Enquiry Officer on 14.1.1999 and also did not appear on the next date, i.e. on 25.1.1999. Consequently the Enquiry Officer proceeded ex parte and submitted his report to the Conservator of Forest, Hazaribagh. On the basis of the enquiry report the Conservator of Forest, Hazaribagh, vide order dated 13.8.1999 passed order of dismissal against the petitioners husband. It is, therefore, contended that the petitioner is not entitled to any relief for pay - merit of death -cum -retirement benefits. It is further stated that a dismissed employee is neither entitled to post -retirement benefits nor appointment of his heirs on compassionate ground.
(3.) A separate counter -affidavit has been filed by respondent No. 4, the Provident Fund Officer, Hazaribagh wherein it is stated t -hat from the Provident Fund Accounts received from the Accountant General, Bihar it transpired that an amount of Rs. 2.132/ -was shown as deficit as the deceased husband of the petitioner had taken excess towards loan and he was to deposit the same in his provident fund account for adjustment. The said respondent received letter dated 21.7.2000 from the Divisional Forest Officer, Social Forestry Division. Koderma along with final withdrawal application of the general provident fund and also the deduction statements and on receipt of the said application, the same was submitted for payment to the Treasury Officer. It is stated that respondent No. 4 subsequently came to know about the death of the petitioners husband on 24.3.1999.;