JAGVATI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.

(2.) The petitioner challenges an order of 30 March 2019 pursuant to which a sum of Rs. 15,48,890/- representing the gratuity payable in respect of the services rendered by her late husband had been retained and withheld. The following essential facts may be noticed for the purposes of disposal of the instant writ petition.

(3.) The husband of the petitioner admittedly died while serving under the respondents on 22 September 2018. Subsequent to his untimely death, the respondents issued a show cause notice of 03 December 2018 calling upon the petitioner here to show cause why the aforesaid amount held under the head of gratuity be not recovered. According to the respondents, during the last posting of her husband at a particular warehouse, important records were found to be missing. The respondents asserted that those vital records were not handed over by her husband and therefore, action was liable to be taken against him. They additionally alleged that a stock of 407 bags of rice could not be accounted for. It was essentially asserted that the actions of the employee resulted in the State suffering a loss of Rs. 5,41,946.80/-. The petitioner submitted a reply to the aforesaid notice and asserted that the loss as alleged could not be attributed to any act of misconduct of her husband and that in any case the adjustment of loss of Rs. 5,41,946.80/- from the gratuity which was payable was wholly illegal.