Kishore Kumar vs State Of Rajasthan
2021 Latest Caselaw 17595 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11448/2019

Kishore Kumar S/o Shri Mani Ram, Aged About 40 Years, By Caste Sharma, R/o Village Bhaneen, Tehsil Taranagar, District Churu (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. Jitendra Singh Bhaleria For Respondent(s) : Mr. K.K. Bissa, AGC

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

24/11/2021

The application under Article 226(3) of the Constitution of

India has been preferred by the respondents for vacating ex parte

interim order dated 30.07.2019 passed by this Court.

This writ petition has filed by the petitioner being aggrieved

with the order dated 1.7.2019 whereby, the respondents have

directed for recovery of Rs.4,98,150/- from the petitioner. Learned

counsel for the petitioner has submitted that the respondents have

proceeded for recovery of the aforesaid amount from the

petitioner without conducting any inquiry.

Learned counsel for the petitioner has submitted that the

controversy involved in this writ petition is squarely covered by

(2 of 2) [CW-11448/2019]

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 01.07.2019 is quashed and set

aside.

However, the respondents are free to proceed against the

petitioner under the relevant service Rules expeditiously,

preferably within a period of six months from today.

The application under Article 226(3) of the Constitution of

India as well as all other pending applications are disposed of

accordingly.

(VIJAY BISHNOI),J

38-Arun/-

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