ANUPINDER SINGH GREWAL, J. - (1.) This petition has been filed challenging the notice dated 09.10.2009 whereby recovery of an amount of Rs.38,288/- is sought to be effected from the petitioner.
(2.) The petitioner was working as Conductor in the respondent/Corporation. The impugned order effecting recovery has been passed on the basis of objections raised in special audit report. It is stated in the special audit report that Rajesh Tyagi, Cashier has misappropriated the amount and recovery should be effected from all the Conductors as well.
(3.) Learned counsel for the petitioner has submitted that no notice was issued to the petitioner nor was he granted opportunity of hearing before the order was passed. He has placed reliance upon the judgment of the coordinate Bench of this Court in the case of Jagannath Prasad Sharma v. RSRTC and Ors. [S.B. Civil Writ Petition No. 4167/2010, decided on 04.07.2011] wherein order of recovery from another similarly situated Conductor had been set aside as it was passed in violation of principles of natural justice. Learned counsel has further submitted that during the pendency of the petition, the petitioner expired on 18.05.2011 and his legal representatives have now been impleaded as the petitioners.;