IMPORTANT POINT
Recovery proceedings cannot be initiated against the legal representatives of a deceased person without conducting an enquiry against the deceased.

ORDER :

1. The legal issue involved in this petition is “whether any enquiry and recovery proceedings can be conducted against a dead person or against the legal representatives of such dead person?”

2. The instant petition has been filed by the petitioners with the following prayer:-

“It is, therefore, most humbly and respectfully prayed that your Lordships may graciously be pleased to accept and allow this writ petition and be further pleased to:-

I. quash and set aside the warrants of attachment dated 06.03.2007 (Annexure-2) issued by the respondent No.3 and dated 12.04.2007 (Annexure-3) issued by the respondent No.4 and the recovery notices dated 29.06.2007 (Annexure-4) and dated 09.06.2009 (Annexure-5)

II. direct the respondents not to take any coercive action against the petitioners and issue no objection certificate to them;

III. Direct the respondents to appoint an independent authority to re-assess the development work carried out by the mother of the petitioners Smt. Kesar Bai during her tenure as Sarpanch; and

IV. pass such other writ, order or direction which this Hon’be Court deems just and proper in the facts and circumstances of the case may please to be passed in favour of the petitioners.”

3. By way of filing this petition, the petitioners have challenged the impugned warrants of attachment dated 06.03.2007 and 12.04.2007 and the recovery notices dated 29.06.2007 and 09.06.2009 issued by the respondents.

4. Learned counsel for the petitioners submits that mother of the petitioners, i.e, Smt. Kesar Bai was elected as Sarpanch, Gram Panchayat Chatarganj, Tehsil Hindoli, District Bundi for the tenure commencing from 1995 till 2000. Counsel submits that mother of the petitioners expired on 13.01.2004 and during her life time neither any notice was ever served upon her with regard to any dues against her nor any enquiry proceedings were initiated against her. Counsel submits that after death of mother of the petitioners, two notices dated, i.e., 29.06.2007 and dated 09.06.2009 were issued dead person, i.e., against the mother of the petitioners who expired long back in the year 2004 itself, i.e., 13.01.2004. Counsel submits that subsequently, a notice was issued to the petitioners showing them as legal representatives of the deceased-Sarpanch and the petitioners were directed to deposit a sum of Rs.99,507/-. Counsel submits that without holding any enquiry such recovery proceedings cannot be initiated against deceased person or her legal representatives. Counsel submits that at this belated stage, no enquiry can be conducted against a dead person. Hence, interference of this Court is warranted and the impugned legal proceedings are liable to be quashed and set aside.

5. Per contra, learned counsel for the State-respondents opposed the arguments raised by the counsel for the petitioners and submitted that several irregularities were found in the working mother of the petitioners, during her tenure on the post of Sarpanch Gram Panchayat Chatarganj, period commencing from the year 1995 to 2000. Counsel submits that the audit proceedings were conducted and in the audit objection, this fact came into notice of the respondents that the requisite works were not done by the then Sarpanch, hence, on the basis of the audit objection, the recovery proceedings were initiated against the then Sarpanch-Kesar Bai. Counsel submits that the respondents-authorities were not aware about the death of the then Sarpanch and accordingly, the proceedings were initiated against the then Sarpanch and her legal representatives, i.e., the petitioners. Counsel submits that according to the provisions contained under Section 38 of the Rajasthan Panchayati Raj Act, 1994, the recovery proceedings can be initiated against a Sarpanch, even after completion of his/her tenure. Counsel submits that under these circumstances, the respondents have not committed any illegality in passing the impugned warrants of attachment and recovery notices. Hence, under these