Presumption of death when a person has not been heard of : Declaration by civil court is not mandatory

Chhattisgarh High Court Upholds Presumption of Death, Grants Benefits to Family of Missing Bhilai Steel Plant Employee. Court affirms CAT's decision, extends financial benefits to wife of employee missing for over seven years under Section 108 of the Indian Evidence Act.

In a significant ruling, the Chhattisgarh High Court has upheld the presumption of death for a Bhilai Steel Plant (BSP) employee who has been missing for over seven years, affirming the Central Administrative Tribunal's (CAT) decision to grant financial benefits to his wife. The bench, comprising Justices Sanjay K. Agrawal and Radhakishan Agrawal, dismissed the petition filed by Steel Authority of India Limited (SAIL), challenging the CAT's order that set aside the disciplinary removal of the employee and directed payment of arrears and other benefits to his family.

The case centered on the disappearance of a Senior Technician (Electrical) at BSP, whose wife, Vikash Kothe, filed a missing person report in January 2010. Despite being informed of his missing status, BSP proceeded with disciplinary actions, resulting in the employee's termination in September 2011. The CAT's decision to overturn this removal was based on the presumption of death under Section 108 of the Indian Evidence Act, 1872, which states that a person not heard of for seven years is presumed dead unless proven otherwise.

The court emphasized that a civil court's declaration of death is unnecessary when facts are undisputed, aligning with the Supreme Court's precedent in Ramrati Kuer v. Dwarika Prasad Singh. Additionally, it recognized the wife's legal standing to challenge the termination, given her dependency on the employee for livelihood.

The ruling also cited an Office Memorandum by the Government of India, which extends benefits such as salary arrears, family pension, and gratuity to families of missing employees under the CCS (Pension) Rules, 1972. The court directed SAIL to expedite the settlement of these benefits for the employee’s family, concluding the legal battle in favor of Vikash Kothe.

Bottom Line:

Presumption of death under Section 108 of the Indian Evidence Act, 1872 - Declaration by civil court is not mandatory when a person has not been heard of for more than seven years and the facts are undisputed.

Statutory provision(s): Indian Evidence Act, 1872 Section 108, Specific Relief Act, 1963 Section 34, CCS (Pension) Rules, 1972.

Steel Authority of India Limited v. Vikash Kothe, (Chhattisgarh)(DB) : Law Finder Doc id # 2799047