- (1.) HEARD learned counsel for the parties.
(2.) IN this writ petition filed under Article 226 of the Constitution of India, the following prayer has been made by legal representatives of late Nagendra Kumar, who was working as Patwari under the control of District Collector, Banswara:- "(A) That, the respondents may kindly be directed to release entire gratuity of Shri Nagendra Kumar in favour of the petitioners. (B) That, Respondents may further be directed to release in favour of petitioner No.1 the family petition on and from the death of Shri Nagendra Kumar. (C) That, whatever arrears become due on account of final pension being released in favour of Shri Nagendra Kumar that may be directed to be released in favour of the petitioner No.1. Any other retiral due which has been withheld from Shri Nagendra Kumar may as well be directed to be released in favour of the petitioner. (D) That, in addition to all the aforesaid dues, an interest at the rate of 12 per cent per annum may be directed to be released in favour of the petitioners on the amount so withheld from them. (E) Any other appropriate order, direction in consonance with facts and grounds stated herein above may as well be directed to be released in favour of the petitioner." Learned counsel for the petitioners vehemently argued that although an inquiry under Rule 16 of the CCA Rules was conducted, but no specific order of penalty was passed against late Nagendra Kumar, who was employee of the respondent department, more so, the order upon which the respondents are refusing pensionary benefits cannot be termed as an order of punishment, because it has been passed without application of mind, so also, it has been passed relying upon the report of inquiry officer without discussing any of the charge, therefore, findings is perverse and illegal.
(3.) LEARNED counsel for the petitioners further apprise this Court that whatever stated in the order is not a punishment nor it is enumerated penalties under Rule 14 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958, therefore, after the death of Nagendra Kumar his legal representatives are entitled for all retiral benefits.;