This order set aside two recovery notices issued to the petitioner regarding a fraudulent withdrawal of funds during a development project. The court directed authorities to recover the amount fraudulently misappropriated by an employee from him.
Impugned notices set aside; non-petitioners directed to effect recovery against the fraudulent employee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2009 / 2009
Gauri Shankar Sharma S/o Vishambhar Dayal, Aged About 45 Years, Village Chandpura, Gram Panchayat Kharoli, Tehsil Basedi, District Dholpur
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr Jeetendra Kumar Sharma
For Respondent(s) : Mr Dharmendra Pareek, Addl GC
HON'BLE MR. JUSTICE M.N.BHANDARI
Order
05/01/2018
By this writ petition, a challenge is made to the notices dated 16.5.2008 and 6.10.2008.
It is a case where an amount of Rs.99,000/- was withdrawn fraudulently while petitioner was acting as President of Shri Ram Group, formed to construct irrigation well in the Village under DPIP Project, aided by the World Bank. One Mr Jamuna Lal Meena, employee of the DPIP, was holding the post of Secretary. The withdrawal of amount was to be made with the signatures of
(2 of 2)
[CW-2009/2009]
the President, Secretary and the Treasurer, however, Jamuna Lal Meena withdrawn a sum of Rs.99,000/- by putting fraudulent signatures of the petitioner and the Treasurer. The petitioner lodged an FIR though, for that also, he had to make efforts. The investigation was conducted by the police where signatures of the petitioner and the Treasurer were found to be fraudulent. The charge sheet in the matter has already been submitted. Mr Meena is absconding thus search warrant has been issued against him.
The department, instead of taking steps for recovery of the amount from Jamuna Lal Meena, issued notices to the petitioner showing his negligence. It is on the ground that petitioner being President should have kept cheque book in his custody instead of the Secretary. It is, however, admitted that withdrawal of the amount is due to fraudulent act of Jamuna Lal Meena. In view of the above, impugned notices for recovery of the amount from the petitioner cannot be accepted thus are set aside. The non-petitioners are directed to effect recovery against whom allegation of fraudulent act has been made and, for that, this order would not come in their way.
With the aforesaid, writ petition is disposed of.
(M.N.BHANDARI) J.
bnsharma
1 issue framed by the court
Whether recovery notices issued to the petitioner for an amount fraudulently withdrawn by an employee establishing negligence can be upheld.
Gauri Shankar Sharma
State of Rajasthan Through Secretary, Rural Development (DPIP) Department
District Project Coordinator, LUPIN
District Collector, Dholpur
Sub-Divisional Officer, Basedi
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
