Introduction
This case revolves around a long-serving government nurse, Late Amrita Sinha, whose salary was suddenly stopped in 2016, and who was later accused of obtaining her job through forged documents. Before she could clear her name, she was diagnosed with cancer and passed away in 2020.
After her death, her son, Rohit Raj, filed a writ petition seeking her rightful retirement benefits, including pension, gratuity, and unpaid salary. The Patna High Court ruled in his favor, stating that no employee can be denied benefits without due process of law and ordered full payment within eight weeks.
This case highlights the importance of due process and how bureaucratic inefficiency and arbitrary decisions can ruin lives.
Background of the Case
Who was Amrita Sinha?
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Amrita Sinha was a government nurse (A.N.M.) working at the Primary Health Centre, Bagha-I, West Champaran, Bihar.
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She had served in government hospitals since 1987 and had a clean service record for nearly 30 years.
What happened to her?
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In 2016, her salary was stopped without explanation.
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In 2017, an FIR was filed against her, accusing her of obtaining her job through forged documents.
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She fought to prove her innocence but was never given a departmental inquiry to defend herself.
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While her case was pending, she was diagnosed with cancer and passed away in July 2020.
After her death, her son, Rohit Raj, took up the fight, demanding:
✅ Unpaid salary from 2016-2020
✅ Pension and gratuity
✅ Other retirement benefits owed to his mother
The Legal Battle: Key Issues
1. The FIR and Allegations of Fake Appointment
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The government alleged that her appointment letter (from 1987) was forged.
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The Civil Surgeon of Saharsa claimed that her appointment letter did not exist in official records.
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Based on this, the Medical Officer stopped her salary and filed a police case against her.
2. No Due Process Given to Amrita Sinha
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She was never given a hearing.
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No inquiry was conducted before stopping her salary.
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She was accused of forgery without proof, despite serving for 30+ years.
3. No Court Found Her Guilty
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The FIR never reached a final judgment because she passed away in 2020.
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Since the case was never decided, no official body declared her appointment illegal.
4. The Government Refused to Pay Retirement Benefits
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After her death, her son applied for her pension and unpaid salary.
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The government refused, stating that she was never legally appointed.
High Court’s Verdict: Why the Court Ruled in Favor of Amrita Sinha’s Son
The Patna High Court ruled that the government’s actions were illegal and unjust, stating:
1. No Proof of Fraud, Only Allegations
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The court criticized the government for acting on mere suspicion instead of proving the allegations in a fair trial.
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The court noted that no proper investigation was conducted into the appointment letter’s authenticity.
2. Due Process Must Be Followed
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The government cannot punish employees without an inquiry.
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If an employee is accused of forgery, a proper investigation must be held before stopping salary or dismissing them.
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The court cited the Supreme Court case Punjab State Electricity Board v. Leela Singh (2007), which stated:
“An employee cannot be dismissed for alleged forgery without an official inquiry.”
3. FIRs Do Not Prove Guilt
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The court ruled that an FIR alone is not proof of wrongdoing.
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Since Amrita Sinha was never convicted, her salary and benefits could not be withheld.
4. Pension and Benefits Are a Right
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The court ruled that pension is a right, not a privilege.
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Even if an employee dies while accused of misconduct, their family still has a right to benefits unless fraud is proven.
5. The Government Must Pay All Dues Within 8 Weeks
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The court ordered the government to pay:
✅ Full pension
✅ Gratuity
✅ Provident fund
✅ Unpaid salary from 2016-2020 (pending separate court case)
✅ Interest on delayed payments
Key Legal Takeaways from the Case
✅ Employees Cannot Be Punished Without a Fair Inquiry
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Any accusation must be proven before disciplinary action.
✅ FIR Alone is Not Enough to Deny Pension
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Just because an FIR is filed, an employee does not lose their rights unless convicted.
✅ Retirement Benefits Are a Legal Right
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Even if an employee dies, their family is still entitled to benefits.
✅ Natural Justice Must Be Followed
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If someone is accused of fraud, they must be given a chance to defend themselves.
Conclusion: A Victory for Justice, But at What Cost?
This case is a reminder of how bureaucratic delays and inefficiency can destroy lives.
Amrita Sinha fought for her salary until her death. Her son had to continue the battle for two more years to get justice.
While the High Court ruled in his favor, the question remains:
❓ Why did it take six years to correct an injustice?
❓ Why was an employee with 30+ years of service treated unfairly?
❓ How many other families suffer due to similar bureaucratic failures?
This case is a wake-up call for government authorities to ensure that employees are treated with dignity and justice.
Read
the full judgement Below;
https://patnahighcourt.gov.in/viewjudgment/MTUjMTYwOCMyMDIxIzEjTg==-HC2wnf19AsA=
