IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12212 of 2009. [O&M] Date of Decision: 29th July, 2010. Balbir Kaur Petitioner through Mr. R.K.Hooda, Advocate Versus P.S.E.B.& Others Respondents through Mr. Sukhbir Singh, Advocate. 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? SURYA KANT, J. [ORAL] The petitioner is wife of late Bhan Singh, who was working as a Junior Engineer [Grade-II] Electrical in the Punjab State Electricity Board and unfortunately passed away on 1.11.2004 while in service. The petitioner was entitled to the family pension, gratuity, other retiral dues and ex-gratia grant etc. under the Rules. However, while releasing the same, the respondents have deducted a sum of Rs.4,54,537/- on the plea that as per the report of the Sub- Committee constituted by the Superintending Engineer, Distribution Division, Muktsar, there was found shortage of the material entrusted to the deceased husband of the petitioner. It is not in dispute that no show cause notice/charge- sheet was ever served upon the deceased Bhan Singh nor any recovery order with regard to the alleged shortage of material was ever passed against him. Similarly, no order determining the liability of Bhan Singh was passed during his lifetime. Suffice it to say that no such inquiry could be held after the death of the employee. The impugned recovery, thus, has been effected merely on assumption as if the deceased employee was responsible for the alleged shortage of material. For the reasons afore-stated, the writ petition is allowed; the orders effecting the recovery are hereby set aside and the respondents are directed to release the withheld amount within a period of three months from the date a certified copy of this order is received by them, failing which the petitioner shall also be entitled to interest @ 7% per annum. Disposed of. Dasti. July 29, 2010. ( SURYA KANT ) dinesh JUDGE