IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.852 of 2008 Kanchan Singh, daughter of Late Kailash Prasad Singh, resident of Vivekanand Colony, P.S. Purnea Town, District- Purnea. ………. Petitioner Versus 1.The State Of Bihar through its Chief Secretary, Old Secretariat, Patna 2.The District Magistrate-cum-Collector, Purnea 3.The Additional Collector, Purnea 4.The District Provident Fund Officer, Purnea. ………. Respondents ----------- 3. 10/03/2011 While the father of the petitioner was working as Nazir in the District Nazarat, Purnea, he was suspended and proceeding was initiated against him in the year 1992 for alleged irregularities committed by him in maintaining records and accounts. Proceeding remained pending and unfortunately he died in 1996. Thereafter, all terminal benefits of the deceased employee were paid to the petitioner, who is his legal heir, except arrears of P.F. amount. Respondents have woke up after more than 10 years and have passed final orders in the proceeding on 31.10.2007, vide Annexure-5, in which the deceased employee has been held guilty and it has been directed that the unexplained amount of Rs.41,975.10p. be recovered from the due amount of gratuity and leave encashment payable to the petitioner as his heir. 2 The very fact that the respondents kept the proceeding pending against an employee for more than 10 years after his death and passed orders holding him guilty is unconscionable. The order shows that there was no allegation of any defalcation or misappropriation of amount and the allegations were only in respect of not maintaining the account registers and records properly. In the circumstances, on the ground of equity, impugned order, as contained in Annexure-5, so far as it contains the direction for realization of amount of Rs.41,975.10p. from the petitioner is quashed. The terminal benefits of the deceased employee i.e. provident fund amount with interest and the family pension shall be sanctioned in favour of the heirs of the deceased employee, who may be found entitled. For this purpose, petitioner must represent the concerned respondents. With the aforesaid observations and directions, this writ application is disposed of. Pradeep/ ( J. N. Singh,J.)