Departmental inquiry must comply with principles of natural justice; lack of fair hearing and reasoning in appellate decisions render them invalid.

Order :

AMITENDRA KISHORE PRASAD, J.

1. The present writ petition has been preferred against the impugned order dated 28.02.2023 issued by respondent No. 4 (Annexure P/1), whereby a recovery of Rs. 57,44,709/- has been made against the petitioner. Out of the said amount, a sum of Rs. 28,30,134/-, representing the retiral dues payable to the late husband of petitioner, Shri B.R. Kurre, has been adjusted towards the recovery, while the remaining amount of Rs. 29,14,575/- has been proposed to be recovered from the petitioner on the basis of the land records. The petitioner has further assailed the impugned order dated 05.10.2020 passed in the departmental enquiry proceedings, as well as the appellate order dated 16.12.2021 (Annexure P/2) and prayed for following reliefs :

10.1 That, the Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby quashing/setting-aside the impugned orders dated 28.02.2023 (Annexure P/1) and 05.10.2020 & 16.12.2021 (Annexure PA). 8/2415123.

10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to refund/release the unpaid salary from Sep., 2016 to January, 2017, arrears of Sixth Pay Commission for the period from 18.02.2016 to 31.08.2016, family welfare fund, group insurance, leave encashment, gratuity and amount towards general provident fund and also release family pension in favour of petitioner, with interest @ 18% per annum from the date of entitlement to its actual payment.

10.3 Pass any other order(s) that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”

2. Facts of the case, in a nutshell, are that the husband of petitioner Late Shri B.R. Kurre, was initially appointed to the post of Village Level Worker on 23.06.1977 under the Agriculture Department. Over the course of his long and meritorious service, he was promoted to the post of Senior Agriculture Development Officer and was posted at Pendra during the year 2012. While discharging his duties as Senior Agriculture Development Officer, Pendra, the husband of the petitioner was placed under suspension by the Deputy Director, Agriculture, Bilaspur vide order dated 07.02.2012, on the allegation of failure to discharge the duties entrusted to him during the financial year 2011– 2012. Subsequently, the Deputy Director, Agriculture, Bilaspur, framed charges against the husband of petitioner on 25.05.2012 and proposed initiation of departmental enquiry proceedings against him. In order to properly defend himself and to submit a comprehensive and just reply to the charges levelled against him, the husband of petitioner submitted a representation on 05.06.2012 before the Senior Agriculture Development Officer, requesting supply of certified copies of relevant documents relied upon in the departmental proceedings. However, no response was received from the said authority. Consequently, another representation dated 08.06.2012 was made to the Deputy Director, Agriculture, Bilaspur, again seeking certified copies of documents connected with the departmental enquiry, so as to enable him to effectively respond to the charges and avail a fair opportunity of hearing. In the meantime, the Deputy Director, Agriculture, Bilaspur also lodged an FIR at Police Station, Pendra on 26.06.2012, being Crime No. 61/2012, alleging commission of criminal breach of trust by the husband of petitioner for a sum of Rs. 10,38,400/-. On the basis of the said FIR, criminal proceedings were also initiated against him. During the pendency of the departmental enquiry, the husband of petitioner persistently ma