No Proceedings For Recovery Of Amount Can Be Initiated Against Legal Representatives Of Deceased: Rajasthan High Court

The Rajasthan High Court said that no proceedings for recovery of amount can be initiated against the legal representatives of a deceased person.

The Court was dealing with a petition in which the legal issue involved was whether any enquiry and recovery proceedings can be conducted against a dead person or against the legal representatives of such dead person.

A Single Bench of Justice Anoop Kumar Dhand observed, “No disputed amount can be recovered from the legal representatives of the deceased person until and unless any enquiry is conducted against the deceased and the same cannot be done now because the petitioners were not aware about the irregularities or illegalities committed by their mother.”

Advocate Amit Jindal represented the petitioners while Addl. GC Gajanand Misra Manav represented the respondents.

Facts of the Case -

The mother of the petitioners was elected as Sarpanch, Gram Panchayat Chatarganj, Tehsil Hindoli, District Bundi for the tenure commencing from 1995 till 2000 and she expired in 2004. 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. After her death, two notices were issued against dead person, i.e., against the mother of the petitioners who expired long back in the year 2004.

Subsequently, a notice was issued to the petitioners showing them as legal representatives of the deceased-Sarpanch and they were directed to deposit a sum of Rs. 99,507/-. The counsel for the petitioners submitted that without holding any enquiry, such recovery proceedings cannot be initiated against deceased person or her legal representatives and that at this belated stage, no enquiry can be conducted against a dead person and hence, interference of the Court was warranted and the impugned legal proceedings were liable to be quashed and set aside.

The High Court in the above regard noted, “The instant case is a classic example of non-application of mind on the parts of the respondents. It is very ridiculous on the part of the respondents to issue warrants of attachment on 06.03.2007 and 12.04.2007, against the deceased-mother of the petitioners and the issuance of recovery notice dated 29.06.2007 for the same amount against the petitioners. In fact, such an act of the respondents is absolutely suffers from non-application of mind inasmuch as, how it is possible for the petitioners to submit reply with regard to the alleged act of misconduct committed by their late mother.”

The Court further said that a person must be alive against whom any enquiry or recovery proceedings are initiated and as soon as a person dies, he/she breaks all his connections with the worldly affairs and hence, no punitive action can be taken against a dead person.

“This Court feels pity on the part of the respondents for initiating recovery proceedings against the dead mother of the petitioners who had already died way back in the year 2004 and this information was well communicated to the respondents authorities. Thereafter, they initiated the same recovery proceedings against the petitioners without holding any enquiry. It is well-settled proposition of law that enquiry against a delinquent totally abets on death of such person. Once a person died, his/her all kinds of relationship with the authority ceases. The defence, if any, is a personal defence available to such person and no other person can be substituted in place of such dead person and defend the conduct of the dead person”, it added.

The Court also observed that had it been a case that mother of the petitioners was alive, then the respondents could have an opportunity to proceed against her, in terms of the provisions contained under Section 38 of the Rajasthan Panchayati Raj Act, 1994, but after her death, no proceedings can be initiated against the petitioners who are legal representatives of the deceased-Sarpanch.

Accordingly, the High Court allowed the petition and quashed the warrants and recovery notices.

Cause Title- Nand Lal Raigar & Anr. v. State of Rajasthan & Ors.

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