No Inquiry Or Recovery Proceedings Can Be Initiated Against Legal Representatives Of Deceased Person: Rajasthan High Court

The Rajasthan High Court has reiterated that no recovery proceedings can be initiated against the legal representatives of a deceased person, after death, since all connections to worldly affairs are broken upon the death of a person.

The single-judge bench of Justice Anoop Kumar Dhand clarified that inquiry against the deceased would abate upon such death, and no other person can be substituted in his place and asked to defend the conduct of the deceased.

“…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”, the bench sitting at Jaipur observed.

In 2007 & 2009, warrants of attachment and recovery notices for the amount of Rs 99,507/- were issued against the sons (petitioners) of Late Kesarbai; Kesarbai was the Sarpanch of Chatarpanj Panchayat from 1995 till 2000. She had expired in the year of 2004.

It was submitted that allegations against her were on certain irregularities found during audit proceedings during her tenure, but no notices were sent to her during her lifetime.

Respondent counsel relied on Section 38 of the Rajasthan Panchayati Raj Act, 1994 to argue that recovery proceedings against a Sarpanch can be initiated even after the completion of tenure.

Justice Dhand however, underscored that a person against whom a recovery proceeding is initiated must be alive.

The court termed the initiation of proceedings after the death of Sarpanch as a 'classic example of non-application of mind'. The court further expressed disbelief at the respondent authorities ignoring the question of how the petitioner's sons would be able to submit a reply concerning the alleged discrepancies committed by their mother.

“…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 respondent authorities..”, the court noted in the order.

It was held that Section 38 of the Act could have been invoked only if Kesarbai was alive and no proceedings could be initiated against her legal representatives for her alleged misconduct after her death.

Accordingly, the warrants of attachment and recovery notices against Kesarbai's sons were quashed by the High Court.

Advocate Amit Jindal appeared for the petitioners. Additional GC Gajanand Misra Manav represented the respondent authorities.

Case Title: Nand Lal Raigar & Anr. v. State of Rajasthan & Ors

Case No: S.B. Civil Writ Petition No. 324/2010

Citation: 2024 LiveLaw (Raj) 34

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