CWP (T) No. 15363 of 2008. 21.12.2009 Present: Mr. Rajinder Thakur, Advocate, for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Rajinder Dogra, Additional Advocate General, for the respondents. A sum of Rs.2,44,701/- has been directed to be recovered from the petitioner vide letter dated 2nd December, 2006 (Annexure A-2). The recovery has been ordered based on audit para No. 3 of 1996-1997 which was based on illicit felling of trees. According to the respondents, the timber was not entered in the relevant record of the Range and the same was pilfered. This amount was ordered to be withheld from the gratuity of the petitioner. Admittedly, the petitioner has not been heard before the issuance of letter dated 2nd December, 2006 (Annexure A-2). A regular inquiry was required to be held against the petitioner in case he has committed any misconduct. There is violation of the principles of natural justice. Petitioner has suffered civil and evil consequences. Their Lordships of the Hon’ble Supreme Court have held in Rajesh Kumar and others versus Dy. CIT and others, 2007 (2) SCC 181 that when by reason of an action on the part of a statutory authority, civil or evil : 2 : consequences ensue, principles of natural justice are required to be followed. Their Lordships have held as under: “26. Effect of civil consequences arising out of determination of lis under a statute is stated in State of Orissa v.Dr. (Miss) Binapani Dei and Ors. (1967 (2) SCR 625). It is an authority for the proposition when by reason of an action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice are required to be followed. In such an event, although no express provision is laid down in this behalf compliance of principles of natural justice would be implicit. In case of denial of principles of natural justice in a statute, the same may also be held ultra vires Article 14 of the Constitution.” Accordingly, in view of the observations made hereinabove, letter dated 2nd December, 2006 (Annexure A-2) is quashed and set aside. A sum of Rs.2,44,701/- is directed to be released to the petitioner with interest as laid down under Rule 68 of the C.C.S. (Pension) Rules, 1972 read with instruction No. (ii) appended thereto, within a period of four weeks from today. However, the respondents are at liberty to proceed with the matter in accordance with law. The petition stands disposed of. No costs. (Rajiv Sharma), Judge December 21, 2009. bhupender