Recovery of pension without inquiry or notice violates principles of natural justice, infringing on the right to a fair hearing under Article 21.

Order

Reportable

20/05/2025

Heard learned counsel for the parties.

The present writ petition has been filed by the petitioner against the order dated 05.10.2023 (Annex.3) whereby a recovery of Rs.6,80,009/-has been ordered to be made from the family pension of the petitioner.

Briefly noted facts of the present case are that the husband of the petitioner was working on the post of Cashier in the respondent department and while working as such, he died on 17.07.2016. After the death of petitioner’s husband, the petitioner was granted family pension by issuing Pension Payment Order in her favour. The petitioner was getting the pension immediately after the death of her husband. The respondent department got an audit done by Internal Audit Team of Secondary Education (First), Nagaur. The Internal Audit Team scanned the accounts from November, 1998 to March, 2016 and prepared a detailed audit report. As per the report, number of persons including the petitioner’s husband were found to have performed their duties in the office in which audit was conducted. The Internal Audit Team found that certain amount was embezzled. In the circumstances, the husband of the petitioner was fastened with the liability of payment of Rs.6,79,740/-. The said amount was ordered to be recovered from the pension of the petitioner in easy installments by passing an order dated 05.10.2023. Aggrieved against the same, the present writ petition has been filed.

Learned counsel for the petitioner submits that the petitioner’s husband was neither facing any enquiry nor any show cause notice was ever served upon the petitioner’s husband seeking his explanation on the liability fastened on him by the Audit Team. Learned counsel submits that even during the lifetime of the petitioner’s husband, he was not called upon by any Authorities including the Auditors seeking any explanation for the amount found short in the Government Account. Learned counsel submits that the petitioner too was never issued any show cause notice before proceeding to recover the amount as ordered by the respondents vide order dated 05.10.2023. Learned counsel submits that the recovery order dated 05.10.2023 is in gross violation of the principles of natural justice. He, therefore, prays that the order dated 05.10.2023 may be quashed and set aside and the amount already recovered from the petitioner’s family pension may be ordered to be refunded to her with reasonable interest.

Per contra, learned counsel for the respondents vehemently submitted that after the Internal Audit Team found certain discrepancies in the accounts audited by it for the period from 1998 to 2016, a detailed audit report was prepared and liability was fastened on all those persons who served the respondent department at the relevant point of time. Learned counsel very fairly submits that the Internal Audit Team never gave any notice to the petitioner nor asked to submit any explanation during the course of audit inspection. Learned counsel submits that no show cause notice was given to the husband of the petitioner before issuance of the order of recovery dated 05.10.2023 and only on the basis of report of Internal Audit Team, recovery has been initiated against the petitioner.

I have considered the submissions made at the bar and also gone through the relevant record of the case.

The undisputed facts in the present case disclose that the petitioner’s husband was working in the respondent department on the post of Cashier and while working as such, he died on 17.07.2016. During his life time, the petitioner’s husband, neither any enquiry was instituted against him nor any show cause notice was issued to him. The husband of the petitioner was never issued any charge sheet for any disciplinary enquiry for misappropriation of government funds. The petitioner’s husband died on 17.07.2016 and after his death, the petitioner was granted family pension by issuing Pension Payment Order in her favour. The petitioner is getting the famil