KRISHNA CHAKRADHARI Vs. C.G. STATE CO

JUDGEMENT

(1.) Late R.S. Chakradhari was an employee of the respondents and he died during service on 18.1.2009 when he was working as Deputy Manager in Chhattisgarh State Co-operative Marketing Federation Limited. During his lifetime, the deceased employee was subjected to two separate charge sheets dated 14.7.2006 and 14.2.2008 but during pendency of both the departmental enquiries he died on 18.1.2009. He along with other accused persons was also subjected to a criminal case in the Court of Judicial Magistrate First Class, Mahasamund for the offence punishable under Sections 409, 467, 468, 471 and 34 of IPC. However, the deceased employee and other accused persons were acquitted of the charges by the trial Court vide judgment and order dated 24.2.2010 (Annexure P/1). As the retrial dues of the deceased employee were not passed on to his widow i.e the petitioner, she filed a writ petition i.e. W.P.(s) No. 404/13 and vide order dated 18.2.2013 the said petition was disposed of permitting the petitioner to file a fresh representation before the competent authority and the competent authority was directed to consider and decide the same in accordance with law. Pursuant to the order of this Court, on 4.3.2013 the petitioner submitted a representation (Annexure P/5) for release of the retrial benefits due to her husband-deceased employee. However, on 19.7.2013 vide Annexure P/6 an order was passed by the Managing Director in relation to charge sheet dated 19.1.2009 for recovery of Rs. 15,77,601/- from the dues payable to the deceased employee. It has been mentioned in this order that though on account of death of the deceased employee, the enquiry could not be completed but considering the charges levelled against him and the loss suffered by the Federation, this amount is to be recovered from the retrial dues of the deceased employee. In relation to charge sheet dated 14.2.2008 an order dated 19.7.2013 (Annexure P/7) was passed holding that as on account of death of the deceased employee, the enquiry could not be completed, the matter is required to be closed. Further, on 19.7.2013 another order was passed in relation to charge sheet dated 14.7.2006 holding that on account of death of the deceased employee, the case is required to be closed. However, on 23.7.2013 (Annexure P/8) an order has been passed that a sum of Rs. 15,77,601/- is required to be recovered from the retrial dues of the deceased employee and since the dues payable to the deceased employee comes to Rs. 5,33,437/-, after adjusting the same the remaining amount of Rs. 10,44,164/- is liable to be recovered and as such, the respondents are not required to pay any amount to the petitioner. In this petition, the petitioner has challenged the order dated 19.7.2013 (Annexure P/6) directing for recovery of Rs. 15,77,601/- and order dated 23.7.2013 (Annexure P/8) directing for recovery of balance of Rs. 10,44,164/- after adjusting the retrial dues of Rs. 5,33,437/- payable to the deceased employee.

(2.) Learned counsel for the petitioner submits is under:

(3.) On the other hand, supporting the impugned action of the respondents it has been argued that specific charges were levelled against the deceased employee and as on account of his act the Federation has suffered a heavy financial loss, the respondents are justified in making recovery of the said amount by passing the impugned orders.