1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.8409/2009. : : Leelu Ram & Anr. Vs. State of Rajasthan & Ors. : : Date of Order 20.7.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Anil Kumar Sharma for the petitioners. Heard learned counsel for the petitioners. This writ petition has been filed against the order dated 30.6.2009 by which a sum of Rs.21,418/- has been ordered to be recovered from each of two Chowkidars namely; Leelu Ram and Makhan Lal, who were working as Chowkidars during night duty and despite that 580 copper wire was stolen. Learned counsel for the petitioner argued that recovery of the aforesaid order could not be passed against the petitioners because in the first information report the police had not filed any final report as yet and only petitioners could not be held responsible for the aforesaid theft. Petitioner submitted reply to show cause notice and in that notice they submitted their explanation that on that day 2 due to heavy storm they could not see properly and, therefore, the incident of theft took place. Having heard learned counsel for the petitioner and perused the impugned order, I find that merely because police has not given final report in the FIR would not absolve the petitioners from their responsibility as Chowkidars. This writ petition is dismissed accordingly. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.144.