Rajasthan High Court - Jodhpur
Nand Kishore Tak vs State And Anr. (2025:Rj-Jd:13309) on 7 March, 2025
[2025:RJ-JD:13309]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10792/2015
Sukh Singh Charan S/o Sh. Junjhar Dan Charan, aged about 38
years, resident of Bhawal Charan, Tehsil Degana, District
Nagaur, Gram Sewak-cum-Secretary, Gram Panchayat Harsor,
Tehsil Nagaur, District Nagaur.
----Petitioner
Versus
1. State of Rajasthan through the Principal Secretary, Panchayati
Raj Department, Jaipur.
2. Vikas Adhikari, Panchayat Samiti, Degana, District Nagaur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 10790/2015
Nand Kishore Tak S/o Sh. Shanker Lal Tak, aged about 44 years,
resident of Tehsil Degana, District Nagaur the then Gram Sewak
cum Secretary, Gram Panchayat Bikharniya Kallan at present
Gram Sewak, Panchayat Samiti Riyabadi.
----Petitioner
Versus
1. State of Rajasthan through the Principal Secretary, Panchayati
Raj Department, Jaipur.
2. Vikas Adhikari, Panchayat Samiti, Degana, District Nagaur.
----Respondents
For Petitioner(s) : Mr. K.R. Meghwal
For Respondent(s) : Mr. Kuldeep Vaishnav
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
07/03/2025
1. The petitioners herein serving as Gram Sewak of the
concerned Panchayat Samiti, seek quashing of impugned notices
dated 26.02.2014 directing recovery of Rs.3,24,300/- and
Rs.2,32,000/- respectively on account of the loss caused to the
Gram Panchayats concerned, on account of purchase of Solar
Street Lights without undertaking the tender process in
accordance with law.
[2025:RJ-JD:13309] (2 of 2) [CW-10792/2015]
2. Both the learned counsels are ad idem that the controversy
raised by the petitioners herein is no more res-integra in view of
the judgment rendered by a co-ordinate Bench of this Court in the
case of Har Govind Singh vs. State of Rajasthan & Ors. :
S.B.Civil Writ Petition No 13949/2015 & 215 other
connected matters, decided on 08.02.2016, the operative
portion whereof reads as under:-
"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."
3. In view of the aforesaid consensus, the instant writ petitions
are also allowed by joint consent in the same terms as judgment
ibid.
4. Till the decision is taken by the competent authority, the
interim order passed by this Court shall subsist to the benefit of
petitioners.
5. All pending applications, if any, stand disposed of.
(ARUN MONGA),J
97&98-AK Chouhan/-
Powered by TCPDF (www.tcpdf.org)
