2026:HHC:37496 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPOA No.7437 of 2019 Decided on: 01.09.2026. _______________________________________________________________ Prakash Chand (deceased) through LRs ....Petitioner Versus State Forest Corporation Ltd & Ors. ....Respondents Coram; Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting? For the petitioner: Mr. V.B.Verma, Advocate. For the respondents: Mr. D.S. Kainthla, Advocate. Ranjan Sharma, Judge Petitioner, Prakash Chand, filed an Original Application No. 2086 of 2016 before Learned State Administrative Tribunal and upon its abolition, the matter stands transferred to this Court as CWPOA No. 7437 of 2019, seeking the following relief(s): “That inquiry initiated pursuant to the charge sheet dated 26.04.2016 issued by the respondent No. 2 against the present applicant may kindly be quashed and set-aside” 2. Case as set up by Learned Counsel is that the petitioner was charge-sheeted on 26.04.2016 by the respondent No.2 and though he stood retired from service of 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 the respondent-Corporation on 30.04.2016 but, the departmental proceedings could not be concluded before superannuation and due to pendency of the departmental proceedings, an amount of Rs. 4,36,641/- was allegedly recovered from the petitioner besides withholding the Leave Encashment of Rs. 17,740/- and Gratuity of Rs. 3,32,840/-. 3. During the pendency of instant petition, nothing was placed on record by Respondent-Corporation to establish that the departmental proceedings were concluded. Facts reveal that the petitioner expired on 24.02.2024 and his legal heirs were brought on record, who pursued the claim, seeking release of recovered amount of Rs. 4,36,641/-, and the withheld amount of Leave Encashment and gratuity, as referred to above. 4. Pursuant to issuance of notice, though the pleadings were exchanged inter-se the parties and even amended writ petition was taken on record. 5. Be that as it may. Upon listing of the matter today, Learned Counsel for the Respondent-Corporation, on Instructions, states that prior to the demise of original writ petitioner-Prakash Chand on 24.02.2024, the departmental proceedings were not concluded by the respondent- 3 Corporation. Learned Counsel for Respondent-Corporation places on record, an office order dated 25.09.2024, [Taken record] issued by Director (North)-cum-Disciplinary Authority, Dharamshala, stating that the disciplinary proceedings initiated against the petitioner on 26.04.2016, were closed by the aforesaid Authority, in the following terms :- “Office Order No.41/2024-25 Dated 25.09.2024 WHEREAS, as common disciplinary proceeding was initiated against Shri Parkash Chand, Assistant Manager (ID No. 856) vide this office order No. 526 dated 26.04.2026. AND WHEREAS, Shri Parkash Chand, Assistant Manager (ID No. 856) expired on 21.02.2024 as intimated by the Inquiry Officer Sh. Naresh Kumar, HPSFS, Divisional Manager Forest Working Division, Dharamshala vide his office letter No. 3873 dated 13.08.2024. AND WHEREAS, As per Rule 15 Government of India’s decision (4) of Rule 1965 the disciplinary proceeding should be closed immediately on the death of the alleged Government servant and no disciplinary proceeding either under CCS (CCA) Rule, 1965. Now, THEREFORE, the disciplinary proceeding is hereby closed after the death of Sh. Prakash Chand, Assistant Manager, (ID No. 856). Disciplinary Authority, Cum-Director (North), Dharamshala.” 4 6. Learned Counsel for the petitioner informs this Court that in terms of RTGS transaction dated 19.03.2026 [Taken on record] the recovered amount of Rs. 4,36,641/- alongwith interest amounting to Rs.7,61,613/- stands remitted to the son [Rishu Kumar]. 7. Learned Counsel for the Respondent-Corporation refers to communication dated 16.10.2017 and 31.12.2022 [Taken on record] that a balance amount of Rs. 17,740/- on account of Leave Encashment and an amount of Rs. 3,32,840/- as balance gratuity is payable to the petitioner. 8. Faced with this situation, Learned Counsel for the petitioner submits that since the recovered amount, stands transferred by RTGS on 19.03.2026, therefore, nothing remains for determination. So far as, the claim for Leave Encashment amounting to Rs.17,740/- and the balance Gratuity of Rs. 3,32,840/- is concerned, nothing has been placed on record. Even, Learned Counsel for the Respondent-Corporation is not in a position to inform this Court, as to whether balance amount of Leave Encashment and Gratuity stand actually released or not. 9. In view of the subsequent events and for reasons recorded hereinabove, this Court disposes of the instant 5 petition with the following directions: i) Respondent-Corporation shall release balance amount of Gratuity of Rs. 3,32,840/- [as in communication dated 31.12.2022] to the legal heirs of the deceased petitioner within four weeks from today [if not already released]; ii) Respondent-Corporation shall release Leave Encashment amount of Rs.17,740/-, within four weeks from today [if not already released]. iii) Parties to bear respective costs. In aforesaid terms, the writ petition and all pending miscellaneous applications, if any, shall stand disposed of, accordingly. (Ranjan Sharma) Judge September, 1st 2026 (Anita)