Rakesh Yadav vs State Panchayati Raj Dep Ors
2022 Latest Caselaw 6961 Raj/2

Citation : 2022 Latest Caselaw 6961 Raj/2
Judgement Date : 2 November, 2022

Rajasthan High Court

Rakesh Yadav vs State Panchayati Raj Dep Ors on 2 November, 2022

Bench: Inderjeet Singh

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 4669/2016

Vijay Kumar Sharma S?o Roshan Lal Sharma, aged about 53
years, By Caste Brahmin R/o 4/500, Malviya Nagar, Jaipur (Raj.)
                                                                       ----Petitioner
                                       Versus
1. State of Rajasthan through its Secretary cum Commissioner,
Rural Development and Panchayati Raj Department, Government
of Rajasthan, Government Secretariat, Jaipur.
2. The Collector, Collectorate, Baran, Distt. Baran.
3. Chief Executive Officer, Zila Parishad, Baran, Distt. Baran.
4. Development Officer, Panchayati Samiti, Kishanganj, Distt.
Baran.
                                                                    ----Respondents

Connected With S.B. Civil Writ Petition No. 5206/2016 Rakesh Yadav S/o Sh. Omkar Singh Yadav, By Caste Yadav, 10 Ma 168, Indira Gandhi Nagar, Jaipur Raj.

----Petitioner Versus

1. State Of Rajasthan Through Its Secretary Cum Commissioner, Rural Development And Panchayati Raj Dep, Government Of Rajasthan, Government Secretariat, Jaipur

2. The Collector, Collectrate, Baran, Distt. Baran

3. Chief Executive Officer, Zila Parishad Baran, Distt. Baran

4. Development Officer, Panchyat Samiti Atru, Distt. Baran

----Respondents

For Petitioner(s) : Mr. Sumer Sharma, Adv. For Respondent(s) : Dr. Ganesh Parihar, AAG with Mr. V.S. Badeya, Adv.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

02/11/2022

(2 of 3) [CW-4669/2016]

Counsel for the respondents submitted that the issue

involved in these writ petitions has been considered and decided

by the Coordinate Bench of this court vide order dated 03.03.2022

in the matter of Kalu Ram Jat Vs. The State of Rajasthan (S.B.

Civil Writ Petition No.17606/2017) wherein it has been held as

under:-

"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."

(3 of 3) [CW-4669/2016]

Counsel for the petitioners has not disputed the submissions

made by counsel for the respondents.

In that view of the matter, these writ petitions are disposed

of in view of the judgment passed by the Coordinate Bench of this

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

(INDERJEET SINGH),J

JYOTI /21-22