Recovery of pecuniary loss from pension

by | Oct 13, 2015

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Question asked on: 13/10/2015

One Punjab Govt employee has criminal proceedings in 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 pension is claimed by Legal Heirs.What is the fate.Can pecuniary loss caused to Government be recovered from Legal Heirs?

Advised by: Mr. Shivendra Pratap Singh, Advocate

The abatement of proceedings against an accused has an effect of discharge/acquittal as the case may be. If 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 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 government employee is prerogative of the Governor.Governor takes such decision either on the findings of departmental inquiry or criminal proceeding.

Criminal proceeding is now abated so the Governor may take such decision on the finding of 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.

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Shivendra Pratap Singh

Advocate, Lucknow

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