CWP No.20003 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20003 of 2009 (O&M) Date of Decision: 07.01.2011 **** Smt. Monika & Ors. . . . . Petitioners VS. Punjab Small Industrial & Export Corp. Ltd. & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Varinder S Rana, Advocate for Mr. Parveen Kataria, Advocate for the petitioners Ms. Ritam Aggarwal, Advocate and Mr. AR Takkar, Advocate, for the respondents ***** SURYA KANT J. (ORAL) CWP No.20003 of 2009.doc - 2 – (1). The petitioners No.1&2 are major and married daughters of late Rameshwar Singh Rana whereas petitioner No.3 is his minor son. They seek quashing of the memo dated 08.07.2008 (Annexure P10) whereby a sum of Rs.1,82,966/- and another sum of Rs.10,199/- has been deducted from the retiral/terminal dues of their deceased father towards shortage and sundry charges. A direction to the respondent-Corporation to release the afore-stated amount along with interest @ 12% per annum is also sought by the petitioners. (2). Rameshwar Singh Rana (deceased) served the respondent-Corporation as a Branch Manager till he retired on attaining the age of superannuation w.e.f. 30.06.2005. Soon after his retirement, Rameshwar Singh Rana unfortunately met with a fatal road accident on 2nd September, 2005. To add to the miseries of the petitioners, their mother also could not bear the shock of untimely death of her husband and she too died after a few days i.e. on 15th September, 2005. (3). The petitioners thereafter have been running from pillar to post to seek the release of retiral/other service dues of their deceased father which were finally released though in part, in the year 2008 when the impugned order dated CWP No.20003 of 2009.doc - 3 – 08.07.2008 (Annexure P10) was also passed deducting the above-mentioned amount(s). (4). The Corporation has, in its reply/affidavit, justified the recovery effected from the retiral dues of the deceased on the plea that the Departmental Disciplinary Committee in its meeting held on 24.03.2008 found him responsible for the shortage of material worth Rs.1,02,032/- and unauthorized expenditure of Rs.80,934/- besides responsible for the sundry imprest of Rs.10199/-. (5). Having heard learned counsel for the parties at some length and on perusal of the record, I am of the considered view that the impugned deduction made by the Corporation is wholly arbitrary and unjustified. It is not in dispute that neither any charge-sheet was ever served upon the petitioner’s father during his lifetime nor any enquiry to fasten the subject liability on him was ever conducted in accordance with the principles of natural justice. The so-called proceedings held by the Disciplinary Committee in its meeting on 24.03.2008 are much after the retirement and untimely death of the father of the petitioners. CWP No.20003 of 2009.doc - 4 – (6). Suffice it to observe that no enquiry could be held against an employee after his death. (7). For the reasons afore-stated, the writ petition is allowed; the impugned order dated 08.07.2008 (Annexure P10) is hereby quashed. (8). It may, however, be mentioned that pursuant to the interim directions dated November 1 2010 issued by this Court, the respondent-Corporation has handed over two cheques bearing No.082222 & 082223 dated 05.01.2011 in the sum of Rs.64388.33 & Rs.64388.33, respectively drawn from Punjab National Bank in the name of petitioners No.1&2. As regards petitioner No.3, who is minor, it is informed that a like amount of Rs.64388.33 has been deposited in his FDR account, which petitioners No.1&2 may withdraw on production of the relevant proof as ‘guardian’ of petitioner No.3, if so required. (9). The petitioners are undoubtedly entitled to claim interest @ 9% per annum on the delayed payments of the retiral dues of their deceased father as well as on the withheld amount which has been released today only from the date of retirement of their father till the date of actual payments. The arrears of interest shall be paid to the CWP No.20003 of 2009.doc - 5 – petitioners within a period of three months from the date of receipt of a certified copy of this order. (10). Ordered accordingly. Dasti. 07.01.2011 vishal shonkar (S u r y a K a n t) Judge