Allowed

Fateh Singh v. State and Ors.

Rajasthan HC7 Jul 2023CW/4084/2018

Case brief

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What is this about?

The High Court of Rajasthan, Jodhpur allowed the writ petition quashing the impugned recovery order dated 31.03.2017, relying on a prior Division Bench judgment in Hanuman Swami vs. State of Rajasthan. While quashing the order, the court permitted respondents to proceed with recovery under service Rules after affording the petitioner an opportunity of hearing.

What did the court decide?

The impugned recovery order dated 31.03.2017 (Annexure-4) is quashed and set aside. Respondents are free to proceed for recovery under relevant service Rules after granting the petitioner an opportuni

Fateh Singh Vs State and Ors. — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:20268]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4084/2018

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Fateh Singh, S/o Shree Dungar Singh Ji Rathore, R/o Mukam Post Falichada Tehsil, Maavli, District Udaipur.

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----Petitioner

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Versus

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State Of Rajasthan Through The Principal Secretary To The Government, Rural Development And Panchayat Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

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Chief Executive Officer - Cum - Additional District Programme Coordinator Mgnrega, Zila Parishad, Rajsamand.

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Development Officer - Cum - Programme Officer, Mgnrega, Panchayat Samiti Khamnor, District Rajsamand.

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----Respondents

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For Petitioner(s) : Mr. Mukesh Vyas For Respondent(s) : Mr. K.K. Bissa

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JUSTICE DINESH MEHTA

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Order

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07/07/2023

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The present writ petition has been filed by the petitioner being aggrieved with the order dated 31.03.2017 (Annexure-4) whereby, the respondents have sought to recover certain amount(s) from the petitioner.

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Learned counsel for the petitioner submitted that the respondents have proceeded for recovery of the amount from the petitioner without conducting any inquiry.

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Learned counsel for the petitioner further submitted that the controversy involved in this writ petition is squarely covered by the judgment dated 03.11.2016 passed by the Division Bench of

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[2023:RJ-JD:20268]

[CW-4084/2018]

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. 4. Learned counsel for the respondents is not in a position to dispute the aforesaid position of facts and law.

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In such circumstances, the writ petition is allowed and the impugned recovery order dated 31.03.2017 (Annexure-4) is quashed and set aside.

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The respondents shall, however, be free to proceed against the petitioner for recovery of the amount under the relevant service Rules, while granting opportunity of hearing to the petitioner.

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Stay application also stands disposed of.

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(DINESH MEHTA),J

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372-Mak/-

Fateh Singh v. State and Ors.

Case brief

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Fateh Singh v. State and Ors.

Case brief

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