Rajasthan High Court - Jodhpur
Ramswaroop Rinwa vs State Of Rajasthan ... on 9 October, 2023
Bench: Nupur Bhati
[2023:RJ-JD:33870]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17210/2019
Ramswaroop Rinwa S/o Banna Ram Rinwa, Aged About 45 Years,
Village And Post Gular Tehsil Parbatsar, District Naguar.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Panchayati
Raj Department, Rajasthan, Jaipur.
2. Chief Executive Officer, Zila Parishad, Nagaur.
3. Adll. Chief Executive Officer, Zila Parishad, Nagaur
4. Vikas Adhikari, Panchayat Samiti Parbatsar, District
Nagaur.
5. Junior Engineer, Panchayat Samiti Parbatsar.
----Respondents
For Petitioner(s) : Mr. Milap Chopra for
Mr. Akhilesh Rajpurohit
For Respondent(s) : Mr. Rajdeep Singh Chouhan for
Mr. Manish Tak
HON'BLE DR. JUSTICE NUPUR BHATI
Order
09/10/2023
1. Learned counsel for the parties jointly submit that the issue
involved in this writ petition is squarely covered by the decision
rendered in the case of Har Govind Singh Vs. State of
Rajasthan & Ors. passed in S.B. Civil Writ Petition
No.13949/2015 and other connected matters. Relevant portion
of the said judgment is reproduced as under:-
"17. For the aforementioned reasons, the demands
created against the petitioners, on the basis of the
inquiry conducted in their back, without giving them an
opportunity of hearing, deserve to be quashed.
[2023:RJ-JD:33870] (2 of 3) [CW-17210/2019]
18. In the result, the writ petitions succeed, the
same are hereby allowed. The impugned demands
created against the petitioners by the respondents are
quashed. The matter shall stand remanded to the
competent authority to pass an appropriate order
afresh, after giving an opportunity of hearing to the
petitioners in accordance with law. The amount already
deposited by the petitioners against the demands
created, pursuant to the interim order passed by this
Court or otherwise, shall be subject to final outcome of
the inquiry to be conducted by the competent authority.
If the petitioners are held liable for the loss, if any,
caused to the Panchayati Raj Institution, the amount
already deposited by them, shall be adjusted against
the demand created, if any. Needless to say that if the
petitioners are exonerated, the amount, if any,
deposited by them or where the demand created
against them is found to be less than the amount
already deposited by them, the excess amount, shall be
refunded to them. No order as to costs."
2. As a result, the impugned order dated 06.08.2019
(Annexure 11) issued by the Development Officer, Panchayat
Samiti, Parbatsar, District Nagaur for initiating recovery
proceedings against the petitioner is quashed and set aside.
3. The matter shall stand remanded to the competent authority
to pass an appropriate order afresh, after giving an opportunity of
hearing to the petitioner in accordance with law. The amount
already deposited by the petitioner against the demands created,
pursuant to the interim order passed by this Court or otherwise,
shall be subject to final outcome of the inquiry to be conducted
by the competent authority. If the petitioner is held liable for the
loss, if any, caused to the Panchayati Raj Institution, the amount
[2023:RJ-JD:33870] (3 of 3) [CW-17210/2019]
already deposited by them, shall be adjusted against the demand
created, if any. Needless to say that if the petitioner is
exonerated, the amount, if any, deposited by him or where the
demand created against him is found to be less than the amount
already deposited by him, the excess amount, shall be refunded
to him. No order as to costs.
4. The instant writ petition is allowed in the same terms as
mentioned in the case of Har Govind Singh (supra). Stay
petition and all pending applications, if any, shall stand disposed
of.
(DR. NUPUR BHATI),J
106-/Devesh/-
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