[2023/RJJD/008872] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11149/2019 Bhoop Singh S/o Shri Munsi Ram, Aged About 42 Years, By Caste Meghwal, R/o Gram Post Chaani Badi, Tehsil Bhadra, District Hanumangarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.
2. The Chief Executive Officer, Zila Parishad Hanumangarh.
3. The Vikas Adhikari, Panchayat Samiti, Bhadra, District Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Deepak Pareek
For Respondent(s) : Mr. K.K. Bissa
JUSTICE DINESH MEHTA
Order
05/04/2023
1. By way of the present writ petition, the petitioner has challenged the order dated 01.07.2019 vide which the respondent No.2 has sought to recover a sum of Rs.4,81,213/- from him.
2. Mr. Pareek, learned counsel for the petitioner submits that the petitioner is a Government servant and his services are governed by the Rajasthan Service Rules and, thus, no recovery can be made unless an inquiry has been conducted, in accordance with law.
3. In support of his contention, learned counsel for the petitioner relies upon Division Bench judgment dated 03.11.2016, rendered in Hanuman Swami Vs. State of Raj. & Ors. (D.B. (Downloaded on 05/04/2023 at 09:43:43 PM)
[2023/RJJD/008872] (2 of 2) [CW-11149/2019] Civil Special Appeal(W) No.1439/2014) and a Co-ordinate Bench decision dated 17.01.2019, in Suresh Kumar Vs. The State of Raj. & Ors. (S.B. Civil Writ Petition No.3048/2018).
4. Mr. Bissa, learned counsel for the respondents is not in a position to dispute aforesaid position of facts and law. He, however, submits that the petitioner is guilty of misappropriation of Govt. funds and, thus, the respondents are entitled to recover the amount in question.
5. Having heard learned counsel for the rival parties, this Court is of the view that recovery, sought to be made by the respondent No.2, is illegal and without jurisdiction in absence of an inquiry under the CCA Rules conducted against the petitioner.
6. Following the Division Bench judgment in Hanuman Swami (supra) and Suresh Kumar (supra), the present petition is allowed.
7. The impugned order dated 01.07.2019 is quashed and set aside.
8. The respondents, shall however be free to initiate appropriate proceedings against the petitioner, in accordance with law.
9. No order as to costs.
(DINESH MEHTA),J 139-Mak/-
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