Kamlesh Kumar Sharma S/O Shri ... vs The State Of Rajasthan
2022 Latest Caselaw 5190 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 9272/2022

Kamlesh Kumar Sharma S/o Shri Chaturbhuj Sharma, Aged
About    56    Years,      Presently        Posted        On       Post    Of    Village
Development Officer, Gram Panchayat Rajpurwas, Tala Panchayat
Jamwaramgarh, District Jaipur.
                                                                          ----Petitioner
                                      Versus
1.      The    State     Of       Rajasthan,       Through         Additional     Chief
        Secretary,      Rural       Development           And       Panchayati      Raj
        Department, Secretariat, Jaipur.
2.      The Secretary Cum Commissioner, Rural Development
        And Panchayati Raj Department, Govt. Of Rajasthan,
        Secretariat, Jaipur.
3.      The Chief Executive Officer, Zila Parishad, District Jaipur
        Raj.
4.      Panchayat Samiti Jamwaramgarh, District Jaipur Through
        Its Development Officer.
                                                                    ----Respondents

For Petitioner(s) : Mr. Rishi Kumar Sharma For Respondent(s) : Dr. Ganesh Parihar, AAG with Mr. Ashish Yadav

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

27/07/2022

Counsel for the petitioner submits that the issue involved in

this writ petition has already been considered and decided by the

Co-ordinate Bench of this Court in the matter of Kalu Ram Jat Vs.

The State of Rajasthan & Ors. (S.B. Civil Writ Petition

No.17606/2017) decided on 03.03.2022, where in on 03.03.2022,

the following order was passed:-

(2 of 3) [CW-9272/2022]

"1. Various Gram Panchayats throughout Rajasthan has purchased solar light wherein there were gross irregularities. As such the competent authority had initiated recovery process but avoid hardship and to reflect bona fides, the petitioner suo motu without any opposition, deposited the recovery portion on his own prior to initiation of any proceedings.

2. Vide Annexure-6 dated 02.03.2015 a letter was issued by Principal Secretary and Commissioner in which a decision was taken that whosoever public representatives/employees of the State Government who have deposited the amount prior to initiation of recovery proceedings, no disciplinary or any other proceedings shall be initiated against him.

3. Learned counsel for the respondents submits that there is no dispute about the fact that the petitioner in question has deposited the amount in question on his own, prior to initiation of any recovery proceedings. They have submitted that even the retiral benefits are also released during the pendency of the writ petition.

4. In the light of order dated 02.03.2015 issued by Principal Secretary directions were given whereby amenity was given to the employees who have deposited the amount before any recovery proceedings. This court deems it appropriate that order dated 04.02.2015 should be quashed and set aside as being contrary to the said directions/circular.

5. In light of above, the writ petition is disposed of.

6. All pending applications are also disposed of."

Dr. Ganesh Parihar, learned Additional Advocate General has

not disputed the submissions made by the counsel for the

petitioner.

In that view of the matter, the present writ petition stands

disposed of in view of the judgment passed by the Co-ordinate

Bench of this Court in the matter of Kalu Ram Jat (supra).

(3 of 3) [CW-9272/2022]

Accordingly, the charge-sheet dated 04.02.2015 is set aside.

All the pending applications stand disposed of.

(INDERJEET SINGH),J

CHETNA BEHRANI /230

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