RADHA RANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been preferred against the order, passed by respondent no. 2 dated 26th May, 2009 whereby, without holding any inquiry sizeable amount, which is approximately Rs. 1, 49,909/- has been ordered to be recovered from the retirement benefits of the deceased husband of the present petitioner, who was working as Range Officer with the respondents, and expired on 22nd May, 2005. Thus, the order of recovery has been passed after approximately four long years, after the death of the husband of the petitioner and that too, without holding any inquiry for the proposed misconduct of the year, 1995. In this regard, learned counsel for the petitioner has also cited some decisions as rendered in the case of Smt. Indu Devi Vs. The State of Bihar & Ors. as reported in 2004(1)PLJR 162 and also in the case of Radha Jha Vs. The State of Bihar & Ors. as reported in 2003(1) PLJR 679.

(2.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that:-

(3.) In view of the aforesaid facts and reasons and in absence of any show cause notice and in absence of any enquiry and in absence of any opportunity of being heard to the petitioner, the aforesaid order at Annexure-1 dated 26th May, 2009 has been passed and therefore, I hereby, quash and set aside the order, passed by respondent no. 2 at Annexure-1 to the memo of the petition and I hereby, direct the respondents to make payment of the outstanding legally payable amounts, towards general provident fund, gratuity, leave encashment, arrears of pay revision and towards such other retirement benefits, legally payable to the petitioner, within a period of sixteen weeks, from the date of receipt of a copy of an order of this Court.