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2023 Supreme(P&H) 708

HARSIMRAN SINGH SETHI
Bhagwati Devi – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Dheeraj Chawla, Advocate, for the petitioner.
Mr. Harish Rathee, Sr. Deputy Advocate General, Haryana.

HARSIMRAN SINGH SETHI, J.

1. Present petition has been filed challenging the order dated 26.10.2017 (Annexure P-4) by which, the order imposing recovery has been passed by the Department against the late husband of the petitioner.

2. The facts which are necessary for the determination of the issue in hand are as cited below:-

3. The husband of petitioner namely Ramkishan was working as Forest Guard with the Department of Forest, Haryana. During the service career, certain disciplinary proceedings were initiated against him, which were pending consideration with the Department. The said proceedings started from the year 2009 onwards and total six disciplinary proceedings were being faced by the late husband of the petitioner.

4. Before the disciplinary proceedings could reach to its conclusion, the husband of the petitioner unfortunately died while in service on 25.09.2015. After the said date, the petitioner became entitled for the benefits in respect of the service rendered by her late husband but the benefits were not being released to her on the ground that her late husband was facing departmental enquiries, which departmental enquiries were still pending and till the said departmen

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