abatement-appeal

Querist : Anonymous (Querist) 18 January 2011 This query is : Resolved
sir,
my father is convicted by the lower court under Pc Act and IPC for a period of 3 years and fine of Rs 11 lakhs. He filed an appeal to the High Court and got the bail and during this he was expired and we are not given any retirement benefits or gratuity?
1. Can I or my mother fight the case in the hiogh Court?
2. if yes,what is the course of action?
3. if we loose the case,whehther we are liable to pay the penalty or not?
4.whether during the pendency of the appeal is there any provision to get retirement benefits and gratuity and pension under service law and if yes provide the citations of the apex court?

Kidly asssit me in this matter,presently we are on the road?

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Ajay Bansal (Expert) 18 January 2011
Neither you nor your mother can fight this case now.

Amit Minocha (Expert) 19 January 2011
you cannot substitute yourself the case as matter is not civil in nature

H.M.Patnaik (Expert) 20 January 2011
Since this is a Service dispute, In absence of the employee himself , none other can fight the case as there lies no cause of action of any other person.Experts have expressed proper view.