Raj. HC in the case of Girdhari Karmachandani vs. Punjab National Bank & Ors. (S.B. Civil Writ Petition No. 11791/2015), recently ruled that disciplinary proceedings against a deceased employee abate upon their death, as the employee alone possesses full knowledge of the facts related to the allegations and is best positioned to defend themselves. Once the employee passes away, the possibility of ensuring a fair defence ceases to exist, since no other party can adequately represent their case. Recognizing this inherent limitation, the court emphasized that continuing disciplinary proceedings posthumously serves no meaningful purpose. Consequently, it directed the employer to release all pending dues to the deceased employee’s legal heirs, reinforcing the principle that procedural fairness cannot be upheld when the primary respondent is no longer alive.
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