The court allowed a writ petition challenging a recovery order against a government servant. It held that recovery was illegal without a prior inquiry under CCA Rules and quashed the impugned order.
The impugned order dated 08.07.2019 seeking recovery of Rs.4,95,000/- is quashed and set aside.
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.
[2023:RJ-JD:21241]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 10692/2019
Ved Prakash S/o Balu Ram, Aged About 36 Years, By Caste Meghwal, R/o Ward No.14, Village Bhuhranpura, Po Chahuwali, Ps Tibbi, District Hanumangarh (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. J.S. Bhaleria For Respondent(s) : Mr. G.S. Chauhan for Mr. K.K. Bissa
JUSTICE DINESH MEHTA
Order
13/07/2023
(2 of 2)
[2023:RJ-JD:21241]
[CW-10692/2019]
rendered 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.
(DINESH MEHTA),J
75-Mak/-
2 issues framed by the court
Whether recovery of money from a government servant without a prior inquiry is legal.
Whether the High Court has jurisdiction to issue a writ in such circumstances.
Colour shows how this judgement treated each authority
Hanuman Swami Vs. State of Raj. & Ors.Followed¶20
Hanuman Swami Vs. State of Raj. & Ors. (D.B. Civil Special Appeal(W) No.1439/2014)
Suresh Kumar Vs. The State of Raj. & Ors.Followed¶20
Suresh Kumar Vs. The State of Raj. & Ors. (S.B. Civil Writ Petition No.3048/2018)
2 provisions across 2 enactments
Ved Prakash
State Of Rajasthan
The Chief Executive Officer
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
