Home | Legal Advice | Criminal Law | Recovery of pecuniary loss from pension

Recovery of pecuniary loss from pension

One Punjab Govt employee has criminal proceedings in the trial court. Now she died. Court abate proceedings. Can Recovery from Pension of pecuniary loss caused to Government be made even criminal proceedings abate. If the pension is claimed by Legal Heirs. What is fate? Can pecuniary loss cause to Government be recovered from Legal Heirs?

The abatement of proceedings against an accused has an effect of discharge/acquittal as the case may be. If a proceeding is abated before framing of charge then accused shall be treated as discharged else acquitted.

In both conditions, he is innocent in the eye of law. In your case, the criminal proceeding is abated because of his death and he shall be either discharged or acquitted by the court. In both conditions recovery of pecuniary loss cannot be recovered from his pension.

Pension is the self-earned property of the employee, according to section 60 of the CPC it cannot be attached. 

Recovery of pecuniary loss from the pension of a government employee is prerogative of the Governor. Governor takes such decision either on the findings of departmental inquiry or criminal proceeding.

A criminal proceeding is now abated so the Governor may take such decision on the finding of the departmental proceeding if it is still in process or completed. But in each and every case it is mandatory for the government to declare the employee guilty of misconduct.

Lawyer’s advice

Contradiction in dying declaration : chances of conviction

Question: My brother is accused in a murder case. He is innocent but the police have falsely implicated him in this case. The dying declaration of the deceased does not support his role in the murder of Ramnaresh Kushwaha. There is a contradiction in the dying...

Friend filed criminal case of cheating : What I should do?

Question: I am doing a business of terrace farming. My friend is a partner in my business. He does not help me but comes on each week to take his share in profit. Yesterday he filed a false criminal case of cheating in XXX police station. He has alleged in the FIR...

Can I challenge the validity of sanction for prosecution?

Question: I want to challenge the validity of sanction for prosecution. The CBI obtained the sanction for prosecution by force and using undue means. My superior officer was working under pressure of the CBI and granted the sanction prosecution. Now I have retired and...

Fee for FIR: Do I have to pay any fee for lodging FIR?

Section 154 of the Code of Criminal Procedure 1973 provides a procedure for lodging an FIR. There is no fee or charge for FIR (first information report) of a cognisable offence. The officer incharge of the police station shall record the information about a cognisable...

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54