Pradeep Kumar Ghiya S/O Late ... vs State Of Rajasthan
2021 Latest Caselaw 6298 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12253/2021

Pradeep Kumar Ghiya S/o Late Radheyshyam Gupta, Aged About
62 Years, R/o 57, Sukhdev Nagar, Kala Kuan, Alwar, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.      State of Rajasthan, Through Principal Secretary, Local
        Self Government, Government of Rajasthan, Secretariat,
        Jaipur, (Rajasthan).
2.      Director, Directorate of Local Self Government, G-3,
        Rajmahal, Residential Area, Near Civil Lines Phatak,
        Jaipur, (Rajasthan).
3.      Director Local Fund Audit Department, Vit Bhawan,
        Janpath Road, Jaipur, (Rajasthan).
4.      Commissioner, Nagar Parisad, Bhiwadi, District Alwar,
        (Rajasthan).
                                                                 ----Respondents

For Petitioner(s) : Shri Ashish Kumar Upadhayay For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment

Order Reserved on :: 28/10/2021 Order Pronounced on :: 09/11/2021

In the audit conducted in the year 2021 of the Nagar

Parishad, Bhiwadi by Local Fund Audit Department, Rajasthan, an

embezzlement of Rs.5,99,43,010 was reported for the audit year

2018-2019.

Learned counsel for the petitioner submitted that the

petitioner was transferred to Nagar Parishad, Bhiwadi on

1.10.2018 where he joined duties on 3.10.2018 as Senior

(2 of 2) [CW-12253/2021]

Assistant. He submitted that vide the order dated 5.10.2018, he

was promoted as Junior Accountant and was allotted the work of

accounts related inspection. He contended that immediately after

distribution of work, the petitioner informed the higher authorities

that he has not been provided complete/proper charge, physical

bank statement/relevant documents. He also brought to their

notice about serious financial irregularities in the department. He

submitted that vide order impugned dated 20.9.2021, which is in

gross violation of Section 11 of the Rajasthan Local Fund Audit

Act, 1954 which stipulates an opportunity of hearing to the

concerned person before raising demand or charging him for

financial irregularities, the respondents have directed not only

registration of first information report, but of recovery and

initiation of departmental enquiry which is per se illegal and

arbitrary.

Issue notice. Rule is made returnable by three weeks.

(MAHENDAR KUMAR GOYAL),J

RS/144

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