Patna High Court in Kaushlya Devi vs. The State of Bihar [Civil Writ Jurisdiction Case No.9735 of 2021] reiterated settled proposition of law that judicial enquiry or departmental proceeding against a delinquent totally abates on death of an employee for the simple reason that in order to punish an employee, there must be subsistence of employer and employee relationship. Once an employee died the said relationship ceases. The defence, if any, is a personal defence available to the employee and no person can be substituted in place of dead employee; and defend the conduct of a dead employee and such, no order could have been passed with holding any outstanding dues.
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