SHANTI PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the order contained in Resolution No. 1343 dated 18th May, 2001, whereby and whereunder, the State of Bihar ordered to recover a sum of Rs. 3,98,398.86 from the amount as was due to the petitioner's husband Late Gauri Shankar Prasad.

(2.) THE case of the petitioner is that her husband Late Gauri Shankar Prasad was a Range Officer under the State of Bihar, who worked to the satisfaction of the authorities for more than 25 years. A criminal case was lodged against him in the year 1991 alleging some irregularities committed by petitioner's husband while posted at Sasaram. The husband of the petitioner was suspended during the pendency of the criminal case, whereinafter three increments were withheld, but again petitioner's husband was suspended on 28th July, 1993 for similar allegations. Subsequently, her husband died before completion of the departmental proceeding and the criminal case as was lodged against him. Thereafter, the Respondent State of Bihar issued the Impugned order of recovery from her deceased husband vide Resolution No. 1343 dated 18th May, 2001.

(3.) IT appears from the counter affidavit that a criminal case bearing G.R. No. 1465/88 (T.R. No. 671/2000) was lodged against the petitioner's husband on the allegation of misappropriation of Government money and other charges, but it was closed due to the death of the petitioner's husband who died on 12th September, 1999. A departmental proceeding was initiated against him, vide Memo No. 4711 dated 3rd September, 1999 for similar charge for which FIR was lodged and one Shri Amar Prasad, I.F.S. was appointed as the Enquiry Officer. The said departmental proceeding never reached its finality. Earlier, six increments of petitioner's husband were stopped. They were released, vide Resolution No. 2434 dated 2nd June, 1992, as mentioned at Paragraph -17 to the counter affidavit. Though the departmental proceeding was not completed even after six years of its initiation but because of death of petitioner's husband the Government of Bihar decided to recover the amount of Rs. 3,98,398.86, vide impugned Resolution dated 18th May, 2001.