Judgment 1. This special appeal is directed against the order of the learned Single Judge dated 16.04.2002. 2. The relevant facts giving rise to the instant appeal are that a departmental enquiry was initiated against Shri Naresh Chandra deceased husband of appellant Sumitra Devi under Rule 16 of the Rajasthan Services (Classification, Control and Appeal) Rules, 1958. The charges were dropped by order dated 06.09.1997. However, after some time the Department has proceeded for recovery of an amount of Rs. 1,90,666/-by way of deduction from the amount of gratuity to be paid to the appellant. The learned Single Judge has dismissed the writ petition on the ground that the copy of the charge-sheet has not been placed on record. The appellant has placed the same on record before us. 3. Having heard the learned Counsel for the parties, we are of the view that the special appeal deserves to be allowed. It appears that the deceased husband of the appellant could not join on the place of positing on being transferred on account of his illness. It is alleged that as he did not give the charge, certain articles were misplaced. It was a matter of inquiry if at all those articles were entrusted to the deceased husband of the appellant. There is no material on the basis of which it can be said that the deceased Naresh Chandra was responsible for the misplacement of the articles. An enquiry in that regard has been dropped. For the same, thereafter, impugned recovery is sought to be made. It is well settled that any order which would have the effect of causing civil consequences can only be passed after observing rules of natural justice. Husband of the appellant having died during the service, no recovery could be made from the retiral benefits. 4. Consequently, the special appeal is allowed. The order of the learned Single Judge dated 16.04.2002 is quashed and set aside. The writ petition is allowed. The recovery order against the appellant for the sum of Rs. 1,90,666/-is quashed.