IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.19701 of 2006 DATE OF DECISION: 25.5.2009 Krishna Devi ..Petitioner Versus State of Punjab ..Respondents CORUM HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.S.P.S.Tinna, Advocate for the petitioner Mr.KS Dadwal, Addl.A.G., Punjab for respondents PERMOD KOHLI,J. (ORAL) The petitioner is widow of one Prem Nath Nagpal who was serving as Superintendent Jail. The husband of the petitioner died on 25.11.2001 while in service. During the life time of the deceased employee, an FIR was registered against him and some other officials for alleged embezzlement of government money. On enquiry, certain amount was found to be recoverable from the petitioner. In the detailed reply filed by the respondents, it is stated that penalty for recovery of an amount of Rs.7,21,547.40 was imposed upon the deceased employee. This amount was ordered to be recovered from the death-cum-retirement gratuity and leave encashment of the deceased employee. It has also come on record that the deceased employee remained under suspension and thereafter dismissed from service. In view of the death of the employee, the period of suspension and dismissal was treated as duty period, under Sub Rule (2) of Rule 7.3 (8) of the Punjab Civil Service Rules Vol.I Part-I. The proposal was sent to CWP NO.19701 of 2006 :2: the Government mentioning the amount of leave encashment and DCRG amounting to Rs.3,84,377 and to write off the balance amount of outstanding recoveries against the deceased employee. The Government is yet to take decision thereon. The petitioner is receiving only provisional family pension. This petition is pending for the last about three years and no decision is taken till date. In view of the above circumstances, this petition is disposed of with a direction to the respondents to take a decision on the question of recovery and the writing off the balance recovery in terms of the letter dated 31.5.2006 within a period of two months from the date a certified copy of this order is served upon the competent authority. After the aforesaid decision is taken, admissible retrial benefits and the family pension be released to the petitioner, in accordance with law within a period of one month thereafter (PERMOD KOHLI) JUDGE 25.5.2009 MFK