IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 4530 of 2009. Date of Decision: 2.5.2011. Smt. Munni Devi …Petitioner. Versus. State of H.P. & Anr. … Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the petitioner: Mr. Mohan Singh, Advocate vice Ms. Vidushi Sharma, Advocate. For the Respondents: Mr. Rajesh Mandhotra, Dy. AG. Deepak Gupta, J. (Oral) 1. The petitioner by means of this petition has prayed that the death-cum-retirement gratuity and leave encashment payable in respect of the service of deceased Sh. Ram Parshad be released and further that she may be reimbursed the medical bills for the medicines purchased during the illness of late Shri Ram Parshad. 2. As far as the last claim is concerned, according to the respondents after verification a sum of Rs. 35,600/- has been paid to the legal heirs of late Sh. Ram Parshad. No rejoinder has been filed and therefore, this claim does not survive. : 2 : 3. As far as the first claim is concerned, it appears that some criminal proceedings were initiated against late Shri Ram Parshad and there was also an audit objection that due to excess marking and marking of oversize trees, late Sh. Ram Parshad had caused loss of Rs. 94,135.93 paise to the department. It is not disputed that as far as the criminal case is concerned, late Sh. Ram Parshad was initially convicted by the learned Trial Court, but on appeal to this Court he was acquitted and that acquittal has become final. Therefore, that leaves only the departmental proceedings, if any, conducted by the department. The only proof is Annexure R-1 which is a letter addressed by the Divisional Forest Officer, Dalhousie to late Sh. Ram Parshad and is dated 27.9.1993. This letter reads as follows:- “Subject:- Less of revenue due to oversize marking of trees under T.D. to right holders. Memo: During 1989-90 you were working as I/C Chaned Block of Dalhousie Range of this division, while conducting the audit of this office for the year 1990-91, the audit party observed that you have indulged in oversize and excess marking of trees under T.D. thus put the Deptt. to a loss of Rs. 94,135.93/-. In this connection a copy of the statement received from the audit office is enclosed, you are directed to please attend this office on any working day, verify the position and then submit your report to find out the exact position. The audit office and higher authorities are pressing hard for early statement of this para. You are therefore, requested to please attend to it on priority basis and submit your detailed report within a fortnight. If no report is received within a fortnight it will be presumed that you have nothing to say and you accept the charge. In that case further suitable disciplinary action shall be initiated against you. Please acknowledge receipt. Encl: As above. Sd/- Divisional Forest Officer, Dalhousie Forest Division, Dalhousie.” : 3 : 4. It would be pertinent to mention that this letter was written just a few months before the retirement of late Sh. Ram Parshad who superannuated from service on 31.12.1993. A perusal of this letter also shows that by means of this letter late Ram Parshad had been directed to furnish his explanation in this regard. Sh. Ram Parshad has died many years back and during his life time no enquiry was conducted into the matter. No order has been placed on record to show that any authority had directed that a sum of Rs.94,135.93 paise be recovered from late Sh. Ram Parshad except the audit objection. No recovery could have been made except by conducting an enquiry in terms of CCS (CCA) Rules and in the absence of such enquiry, no recovery could be made. Therefore, it is directed that the DCRG and leave encashment payable on account of the retirement of late Sh. Ram Parshad be paid to the petitioner on or before 31st October, 2011, failing which the respondents shall be liable to pay interest @ 9% per annum. The petition is disposed of in the aforesaid terms. No costs. 2nd May, 2011 ( Deepak Gupta ) (Krn Guleria) Judge.