Petitioner challenged a recovery order of Rs.1.04 lakh passed without inquiry during pendency of a charge sheet. Court set aside the order allowing fresh order only after holding inquiry. Petition disposed of.
Order dated 11th February, 2016 directing recovery of Rs.104064/- is set aside pending inquiry.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. Civil Writ Petition No.3123/2016
Kailash Chand Sharma s/o late Shri Chajju Ram Sharma aged 58 years, by caste Brahmin, r/o Village and Post Talub Tehsil Rajgarh District Alwar at present Conductor RSRTC Jhalawar Depot
......Petitioner
Versus
....Respondents
DATE OF ORDER : 06/09/2016
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Mahendra Sharma, for petitioner Mr. Vinayak Joshi, for respondents
With consent of the parties, writ petition is heard finally.
By this writ petition, a challenge is made to the order dated 11th February, 2016, whereby, order for recovery of sum of Rs.104064/- has been directed. It is without holding any inquiry thus, order aforesaid has been challenged by the petitioner.
During pendency of the writ petition, charge sheet has
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been served on the petitioner thus, it is admitted by learned counsel for the parties that recovery in pursuance of the impugned order dated 11th February, 2016 would not be permissible in view of subsequent developments. It is outcome of the inquiry which would now decide as to whether any amount would be payable by the petitioner or not.
In the light of facts given above, order dated 11th February, 2016 is set aside as having been passed without holding inquiry. The respondents would, however, be at liberty to pass fresh order after holding inquiry but it should not be with pre-determination. It would be after considering the defence of the petitioner.
The writ petition stands disposed of with the aforesaid.
[M.N.BHANDARI], J. FRBOHRA
2 issues framed by the court
Whether a recovery order passed without holding an inquiry is maintainable.
Whether a pending charge sheet precludes recovery from a disciplinary inquiry outcome.
Kailash Chand Sharma
Rajasthan State Road Transport Corporation
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
