1 S.B.CIVIL WRIT PETITION NO.5603/2006 Smt. Sangeeta Arora v. State of Rajasthan & Ors. DATE OF ORDER :: 24 th May, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Rakesh Arora, for the petitioner. Mr. S.S.Ladrecha, Additional Government Advocate. .... With the consent of parties this petition for writ is finally heard and disposed of at this stage. The petitioner is widow of Late Shri Vinod Kumar Arora who died on 25.5.2006 while holding the post of Junior Engineer. Prior to that a memorandum under Rule 16 of the Rajasthan Civil Service (Classification, Control & Appeal) Rules, 1958 was served upon him alleging four charges of misconduct. Late Shri Vinod Kumar Arora by a detailed representation dated 28.11.2002 while denying the charges of misconduct demanded copies of certain documents to submit an effective explanation to the charges alleged. Unfortunately before conclusion of disciplinary action Shri Vinod Kumar Arora died and, therefore, under an order dated 24.8.2006 passed by the Governor of Rajasthan the disciplinary proceedings initiated under the memorandum dated 4.10.2002 were withdrawn, however, prior to that the Chief Executive 2 Officer, Zila Parishad, Rajsamand by a communication dated 27.6.2006 instructed the Assistant Engineer (CAD), Sultanpur to effect recovery of a sum of Rs.15,14,778/- from the pension and other post retiral benefits relating to the petitioner being widow of Late Shri Vinod Kumar Arora. Being aggrieved by the same, this petition for writ is preferred. The argument of counsel for the petitioner is that no recovery from pension and other post retiral benefits relating to the petitioner could have been ordered as her husband was never held liable to cause such loss to the respondents. A reply to the writ petition has been filed on behalf of the respondents stating therein that though the disciplinary action was dropped against Late Shri Vinod Kumar Arora by His Excellency the Governor of Rajasthan but that does not preclude the respondents from effecting recovery from pension and other post retiral benefits required to be given to the petitioner being widow of Late Shri Vinod Kumar Arora . I do not find any substance in the stand taken by the respondents. No amount of money could have been recovered from pension and other post retiral benefits for which the petitioner is entitled being widow of Late Shri Vinod Kumar Arora without 3 first fixing liability for causing loss. In the instant mater certainly a charge sheet was issued to Late Shri Vinod Kumar Arora but before reaching to any conclusion that was withdrawn by order dated 5.8.2006, no liability, therefore, could be fastened against the petitioner also. In view of whatever discussed above, the recovery sought to be made from pension and other post retiral benefits relating to the petitioner as referred in the communication dated 27.6.2006 passed by the Chief Executive Officer, Zila Parishad, Rajsamand is illegal and, therefore, the same is quashed. The writ petition stands allowed in the terms above. ( GOVIND MATHUR ),J. Kkm/ps.