1 DB Civil Special Appeal (Writ) No.666/2008 LRs. Of late Shri Achal Singh. vs. Rajasthan State Road Transport Corporation and ors.. D.B. Civil Special Appeal (Writ) No.666/2008 LRs. Of late Shri Achal Singh. vs. Rajasthan State Road Transport Corporation and ors. Date : 30.7.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C.M. TOTLA, J. Mr.Sajjan Singh, for the petitioners/appellants. - - - - - Heard learned counsel for the appellants. After going through the reasons given by the learned Single Judge for rejecting the writ petition, we are not inclined to interfere in the said order in view of the fact that the deceased petitioner was found guilty for giving false facts. We also perused the impugned order dated 27.3.2001. The enquiry was initiated as back as in the year 1976 though it was concluded in the year 2001 but at the same time, the deceased petitioner did not challenge the proceedings of enquiry during long 2 DB Civil Special Appeal (Writ) No.666/2008 LRs. Of late Shri Achal Singh. vs. Rajasthan State Road Transport Corporation and ors.. enquiry period and thereafter, he has challenged the order passed in the year 2001. It is also relevant to mention here that in the criminal case, the deceased petitioner, who was driver of the bus, was acquitted but at the same time, compensation has been awarded by the Motor Accident Claims Tribunal for the accident which was caused by the deceased petitioner. By the impugned order, Rs.45,000/- are being sought to be recovered from the deceased petitioner, obviously from his assets. In the facts stated above, we do not find any illegality in either of the orders. Learned counsel for the appellants (LRs. of original petitioner) further submitted that in view of the order of the Government dated 2.4.2004, only 10% of the award amount can be recovered from the assets of deceased petitioner now. If the appellants are entitled to the benefit under the circular dated 2.4.2004 providing for recovery of 10% of the award amount, then the appellants may submit their representation to the competent authority who may pass appropriate order. Once the liability is fixed, then only the amount can 3 DB Civil Special Appeal (Writ) No.666/2008 LRs. Of late Shri Achal Singh. vs. Rajasthan State Road Transport Corporation and ors.. be reduced and, therefore, unless the liability of Rs.45,000/- as ordered in the impugned order remains, then only the appellants can take the benefit of the circular dated 2.4.2004. In view of the above, we do not find any merit in this appeal and the same is hereby dismissed. However, the appellants will be free to approach for the relief. (C.M. TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya