Rajasthan High Court - Jodhpur
Prakash Chandra Dabi vs The State Of Rajasthan on 23 February, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7895/2020
Prakash Chandra Dabi S/o Kalu Ram Dabi, Aged About 42 Years,
R/o Near Gram Panchayat Malana, District- Banswara (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Panchayati Raj Department, Govt. Of Rajasthan,
Banswara (Raj.).
2. The Chief Executive Officer, Zila Parishad, Banswara,
Rajasthan.
3. The Additional Chief Executive Officer, Zila Parishad,
Banswara, Rajasthan.
4. The District Collector, Banswara, Rajasthan.
5. The Block Development Officer, Panchayat Samiti,
Arthuna, District - Banswara.
6. The Additional Block Development Officer, Panchayat
Samiti, Arthuna, District - Banswara.
7. The Panchayat Extension Officer (Peo), Zila Parishad,
Banswara.
----Respondents
Connected With
S.B. Civil Writ Petition No. 7918/2020
Dhula Ram Kharadi S/o Shri Ramji, Aged About 61 Years, R/o
Tamba Mohalla, Village And Post Arthuna Tehsil Garhi, District
Banswara (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Panchayati
Raj Department, Govt. Of Rajasthan, Banswara (Raj.).
2. The Chief Executive Officer, Zila Parishad, Banswara,
Rajasthan.
3. The Additional Chief Executive Officer, Zila Parishad,
Banswara, Rajasthan.
4. The District Collector, Banswara, Rajasthan.
5. The Blcok Development Officer, Panchayat Samiti,
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Arthuna, District - Banswara.
6. The Additional Block Development Officer, Panchayat
Samiti, Arthuna, District Banswara.
7. The Panchayat Extension Officer (Peo), Zila Parishad,
Banswara.
----Respondents
For Petitioner(s) : Mr. Nishit Shah
For Respondent(s) : Mr. Sunil Beniwal, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Counsel for the petitioners have preferred these writ
petitions, in sum and substance, for the following reliefs:-
SBCWP No.7895/2020 :
"(1) Issue an appropriate writ, order of direction in the nature thereof,
thereby quashing and setting aside order/notice dated 20.08.2020 (Annex.9).
(2) Issue an appropriate writ, order or direction in the nature thereof,
thereby quashing and setting aside order dated 21.08.2020 (Annex. 10 & 11).
(3) Issue an appropriate writ, order or direction in the nature thereof setting
aside further criminal proceeding, if any, arising out of the proceedings
initiated pursuant to letter dated 20.08.2020.
(4) Issue any other appropriate writ, order or direction which this Hon'ble
Court deems just and proper may kindly be passed in favour of the
petitioner."
Counsel for the petitioner draws attention of this Court to
earlier judgment passed by this Court in bunch of cases led by
Har Govind Singh Vs. State of Rajasthan & Ors., (S.B. Civil
Writ Petition No.13949/2015, decided on 08.02.2016) and submits
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that no opportunity of hearing has been given to the present
petitioners.
Counsel for the petitioner further submits that notice has
been given without taking stand of petitioners on record.
Learned Additional Advocate General has taken this Court to
the report of Committee dated 07.08.2020 & 22.05.2020, which is
on page 106 & 69 respectively of the writ petitions.
Learned AAG further submits that detailed deliberation
happened before the Committee and all the explanations provided
by the petitioners were taken on record.
This Court on perusal of document dated 07.08.2020 &
22.05.2020, which are the investigation reports, is of the opinion
that this is not a case where reasonable opportunity was not
given to the petitioners for giving their explanation to the
charges in-question. In fact, on the representation of petitioners,
a Committee was constituted which has deliberated at length the
explanation filed by the petitioners and arrived at a considered
conclusion.
No cause of interference at this stage is made out. The writ
petitions are dismissed.
(DR. PUSHPENDRA SINGH BHATI),J.
17-18/Nirmala/Sanjay/-
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