Dharmpal Singh vs State Of Raj. And Ors
2021 Latest Caselaw 18437 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10321/2012

1. LR's of Late Sh.Dharmpal Singh S/o Shri Jagmohan Singh:- 1/1 Sulochna Devi W/o Late Shri Dharmpal Singh Ji, Aged about 50 years.

1/2 Ashok Kumar S/o Late Shri Dharmpal Singh Ji, Aged about 31 years.

1/3 Amit Kumar S/o Late Shri Dharmpal Singh Ji, Aged about 27 years.

Resident of- Village & Post Shekhsar, Panchayat Samiti, Jhunjhunu, District Jhunjhunu, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan through Secretary, Rural Development & Panchayati Raj Department, Jaipur, Rajasthan

2. Programme and Development Officer, Panchayat Samiti Jaswantpura, Tehsil Bhinmal, District Jalore, Rajasthan

3. Additional District Programme Coordinator cum Chief Executive Officer, Zila Parishad (Rural Development), Jalore, Rajasthan.

----Respondents

For Petitioner(s) : Mr. JS Bhaleria For Respondent(s) : Mr. KK Bissa, AGC

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

03/12/2021

This writ petition has filed by the petitioners being aggrieved

with the order dated 22.05.2012 whereby, the respondents have

directed for recovery of Rs.6,91,538/- from the petitioners.

Learned counsel for the petitioners has submitted that the

respondents have proceeded for recovery of the aforesaid amount

from the petitioners without conducting any inquiry.

(2 of 2) [CW-10321/2012]

Learned counsel for the petitioners has submitted that the

controversy involved in this writ petition is squarely covered by

the judgment dated 3rd November, 2016 passed by the Division

Bench of this Court in DB Civil Special Appeal (W) No.1439/2014

(Hanuman Swami vs. State of Rajasthan & Ors.). whereby,

the Division Bench while allowing the aforesaid appeal has

quashed and set aside the recovery order while granting liberty to

the respondents to proceed against the appellant-petitioner in

accordance with the prescribed Rules.

Learned counsel for the respondents is not disputing the

above fact.

In such circumstance, this writ petition is allowed and the

impugned recovery order dated 22.05.2012 is quashed and set

aside.

However, the respondents are free to proceed against the

petitioners under the relevant service Rules expeditiously,

preferably within a period of six months from today.

All pending applications are disposed of accordingly.

(VIJAY BISHNOI),J

Surabhii/6-

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