IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4188 of 2007 MOST.SUBHADRA DEVI Versus THE STATE OF BIHAR & ORS ----------- 05/ 06.5.2008 Heard learned counsel for the petitioner and the State. In compliance of my order dated 30.4.2008, State- respondents have filed counter affidavit stating that pursuant to an audit objection made after the death of the husband of the petitioner on 10.1.2001 to recover a sum of Rs. 1,88,186/-, a sum of Rs. 1,07,857/- was actually recovered as the said amount was the arrears of the provisional pension fixed in favour of the husband of the petitioner. It is admitted position that audit report has been received after the death of the husband of the petitioner and the husband had no occasion to question the findings recorded by the Auditors in the audit report. In the circumstances, according to this Court, the amount found to be recovered cannot be recovered from the arrears of the provisional pension of the husband of the petitioner. Accordingly, it is directed that not only the recovered amount of Rs. 1,07,857/- but also any other dues to which the husband of the petitioner or petitioner is entitled to, should be paid within three months from the date of receipt/ production of a copy of this order. This application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)