This single-judge order quashes recovery orders issued without an inquiry, relying on a pivotal Division Bench judgment. The court grants liberty to authorities to initiate recovery proceedings under service rules with a hearing.
Quashed impugned recovery orders dated 31.03.2017 and 14.12.2017; permitted recovery proceedings under service rules thereafter.
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:20268]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 4080/2018
Premlata Paliwal, D/o Shree Bhagwati Prasad, R/o Near Police Station Nathdwara, District Rajsamand Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Mukesh Vyas For Respondent(s) : Mr. K.K. Bissa
JUSTICE DINESH MEHTA
Order
07/07/2023
(2 of 2)
[2023:RJ-JD:20268]
[CW-4080/2018]
this Court in D.B. Civil Special Appeal (Writ) No. 1439/2014 (Hanuman Swami vs. State of Rajasthan & Ors.) , whereby the Division Bench has quashed and set aside the recovery order while granting liberty to the respondents to proceed against the appellant-petitioner in accordance with the prescribed Rules.
(DINESH MEHTA),J
368-Mak/-
3 issues framed by the court
Whether recovery orders passed without conducting an inquiry are维持able.
Whether a prior judgment quashing similar recovery orders applies to the present case.
Whether the relief in pending stay proceedings should be disposed of.
Colour shows how this judgement treated each authority
Hanuman Swami vs. State of Rajasthan & Ors.Referred¶17
D.B. Civil Special Appeal (Writ) No. 1439/2014
Premlata Paliwal
State Of Rajasthan
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
