Satish Kumar Khandelwal S/O Shri ... vs The State Of Rajasthan
2022 Latest Caselaw 5315 Raj/2

Citation : 2022 Latest Caselaw 5315 Raj/2
Judgement Date : 29 July, 2022

Rajasthan High Court

Satish Kumar Khandelwal S/O Shri ... vs The State Of Rajasthan on 29 July, 2022

Bench: Inderjeet Singh

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 11318/2022

Satish Kumar Khandelwal S/o Shri Rajendra Prasad Gupta, Aged
About    45    Years,      Presently        Posted        On       Post    Of   Village
Development Officer, Panchayat Samiti Andhi, District Jaipur.
                                                                          ----Petitioner
                                      Versus
1.      The    State     Of       Rajasthan,       Through         Additional     Chief
        Secretary,      Rural       Development            And      Panchayat       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.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

29/07/2022

Counsel for the petitioner submits that the issue involved in

this writ petition has 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) wherein on 03.03.2022, the following order

was passed:-

"1. Various Gram Panchayats throughout Rajasthan has purchased solar light wherein there were gross irregularities. As such the competent authority had initiated

(2 of 2) [CW-11318/2022]

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.

In that view of the mater, this writ petition is disposed of in

view of the judgment passed by the Co-ordinate Bench of this

court in the matter of Kalu Ram Jat (supra).

(INDERJEET SINGH),J

MG/69