MOST.TARU DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, Learned Counsel for the petitioner as well as Learned Counsel for the respondents.

(2.) In this writ petition, the petitioner has prayed for issuance of writ(s) in the nature of certiorari for quashing the letter No. 20.02.2008 issued by respondent No. 3 (which is at Annexure-6 to the writ petition), whereby the respondents had illegally deducted the amount of Rs. 62,000/- from the gratuity of her husband, even after his death.

(3.) It appears from the averments made in the writ petition that FIR was lodged against the husband of the petitioner and others by the Mukhiya of Tetla Panchayat on 30.09.1996 under Sections 409/420/466/471/120B and 120C of the Indian Penal Code at Sonahatu Police Station alleging that certain cheques were snatched by certain persons, which were also withdrawn amounting to Rs. 62,000/- in which complicity of the petitioner's husband was also alleged as he was Panchayat Sevak. However, petitioner's husband died during the course of trial of the said criminal case while in service. It is submitted by the Learned Counsel for the petitioner that Annexure-6 has been issued thereafter, deducting Rs. 62,000/- as aforesaid, without any proceeding or enquiry departmentally against the petitioner's husband, even while he was alive.