Parmeshwar Lal vs State Of Rajasthan (2025:Rj-Jd:49535)
2025 Latest Caselaw 15582 Raj

Rajasthan High Court - Jodhpur

Parmeshwar Lal vs State Of Rajasthan (2025:Rj-Jd:49535) on 17 November, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:49535]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Civil Writ Petition No. 7599/2025

Parmeshwar Lal S/o Shri Ramjas Dukiya, Aged About 31 Years,
Resident Of Village Firojpura, Tehsil Mundwa, District Nagaur,
Rajasthan.
                                                                           ----Petitioner
                                         Versus
1.       State       Of   Rajasthan,         Through        The        Secretary,    Rural
         Development               And       Panchayati           Raj      Department,
         Secretariat, Jaipur, Rajasthan.
2.       The     Chief      Executive        Officer,      Zila       Parishad    Nagaur,
         Rajasthan.
3.       The     Block       Development            Officer,          Panchayat     Samiti
         Mundwa, District Nagaur, Rajasthan.
                                                                        ----Respondents


For Petitioner(s)              :     Mr. JS Bhaleria
For Respondent(s)              :     Mr. IR Choudhary, AAG



                 HON'BLE MR. JUSTICE FARJAND ALI

Order

17/11/2025

1. By way of the present writ petition, the petitioner has

challenged the order dated 21.03.2025 vide which the respondent

No.2 has sought to recover a sum of Rs.2,93,481/- from him.

2. Mr. Bhaleria, learned counsel for the petitioner submits that the

petitioner is a Government servant and his services are governed

by the Rajasthan Service Rules and, thus, no recovery can be

made unless an inquiry has been conducted, in accordance with

law.

3. In support of his contention, learned counsel for the petitioner

relies upon Division Bench judgment dated 03.11.2016, rendered

(Uploaded on 18/11/2025 at 01:01:14 PM)

[2025:RJ-JD:49535] (2 of 2) [CW-7599/2025]

in Hanuman Swami Vs. State of Raj. & Ors. (D.B. Civil Special

Appeal(W) No.1439/2014) and a Co-ordinate Bench decision dated

17.01.2019, in Suresh Kumar Vs. The State of Raj. & Ors. (S.B.

Civil Writ Petition No.3048/2018), passed in light thereof.

4. Mr. Choudhary, learned counsel for the respondents is not in a

position to dispute aforesaid position of facts and law. He,

however, submits that the petitioner is guilty of misappropriation

of Govt. funds and, thus, the respondents are entitled to recover

the amount in question.

5. Having heard learned counsel for the rival parties, this Court is

of the view that recovery, sought to be made by the respondent

No.2, is illegal and without jurisdiction in absence of an inquiry

under the CCA Rules conducted against the petitioner.

6. Following the Division Bench judgment in Hanuman Swami

(supra) and Suresh Kumar (supra), the present petition is allowed.

7. The impugned order dated 21.03.2025 (Annexure-6) is quashed

and set aside.

8. The respondents, shall however be free to initiate appropriate

proceedings against the petitioner, in accordance with law.

9. No order as to costs.

(FARJAND ALI),J 37-Samvedana/-

(Uploaded on 18/11/2025 at 01:01:14 PM)

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