Dr. Manoj Kumar Jain S/O Shri Suresh Chand Jain Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Dr. Manoj Kumar Jain S/O Shri Suresh Chand Jain Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: effect and operation of the recovery order dated 27.08.2024 (Annexure-1) stayed in abeyance for one month; audience to be granted to the petitioner on 23.01.2026 at 11:00 AM by the competent authority/Respondent No.2 or an authority appointed by him, with the matter to be decided on merits strictly in accordance with law; order clarified as prejudicing neither side.

Issue for consideration

Whether the recovery issued against the petitioner vide Annexure-1 dated 27.08.2024 without following principles of audi alteram partem (i.e., without giving audience to the aggrieved party) should be kept in abeyance pending grant of audience and a fresh decision on merits.

Court's answer

The effect and operation of the impugned order dated 27.08.2024 (Annexure-1) shall remain in abeyance for a period of one month from the date of passing of this order.

Ratio / Principle

The competent authority/Respondent No.2 or any other authority appointed by him shall grant audience to the petitioner on 23.01.2026 at 11:00 AM and decide the matter on merits, strictly in accordance with law.

Key takeaways

Passing of the present order shall not prejudice either of the sides.obiter¶25

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Civil Writ Petition No. 104/2026, decided 08.01.2026 by Sameer Jain, J. The petitioner, a Senior Medical Officer in the Directorate of Medical and Health Services, Rajasthan, challenged a recovery order dated 27.08.2024 (Annexure-1) issued without following principles of audi alteram partem. Counsel relied on a Co-ordinate Bench order in Dr. Manesh Kumar Kumawat v. State of Rajasthan & Ors., S.B. Civil Writ Petition No.4514/2025 (order dated 23.05.2025), which rested on the State Government circular dated 07.10.2024 directing that no recovery be issued without giving audience to the aggrieved party. Disposing of the writ petition, the Court directed that the effect and operation of the impugned order remain in abeyance for one month, and that the competent authority/Respondent No.2 or any authority appointed by him grant the petitioner audience on 23.01.2026 at 11:00 AM and decide the matter on merits strictly in accordance with law, clarifying that the order prejudices neither side.

[2026:RJ-JP:473]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 104/2026

Dr. Manoj Kumar Jain S/o Shri Suresh Chand Jain, Aged About 42 Years, R/o 38, Surya Nagar, Taron Ki Koot, Jaipur, At Present Posted As Senior Medical Officer In Directorate Medical And Health Services, Rajasthan, Jaipur.

----Petitioner

Versus

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

The Joint Director, Medical And Health Services ZoneAjmer, Rajasthan.

The Chief Medical And Health Officer, Tonk.

----Respondents

For Petitioner(s)	: Mr. Rajesh Mohan Rajkumawat
For Respondent(s)	: Mr. Prakhar Jain for
	Mr. Archit Bohra,AGC

HON'BLE MR. JUSTICE SAMEER JAIN

Order

08/01/2026

Learned counsel for the petitioner is aggrieved of Annexure-1 dated 27.08.2024 whereby without following principles of a udi alteram partem recovery has been issued against the petitioner. Learned counsel has placed reliance upon judgment of Co-ordinate Bench of this Court titled as Dr. Manesh Kumar Kumawat Versus State of Rajasthan & Ors. in S.B. Civil Writ Petition No.4514/2025 (Annexure-2) wherein vide order dated 23.05.2025 relying upon circular dated 07.10.2024 issued by

(2 of 2)

[2026:RJ-JP:473]

[CW-104/2026]

State Government, it has been directed that without giving audience to the aggrieved party, no recovery should be issued.

Heard.

Issue notices.

On directions of the Court, notices are accepted by Mr. Prakhar Jain on behalf of Mr. Archit Bohra, AGC for the respondents.

In the interest of justice, the present writ petition is disposed of with the direction that the effect and operation of the order impugned dated 27.08.2024 (Annexure-1) shall remain in abeyance for a period of one month, from the date of passing of this order. In the meantime, the competent authority/ respondent No.2 or any other authority appointed by him, shall grant audience to the petitioner on 23.01.2026 at 11:00 AM and decide the matter on merits, strictly in accordance with law.

It is made clear that passing of the present order shall not prejudice to either of the sides.

Accordingly, the present writ petition is disposed of. Pending applications, if any, shall stands disposed.

(SAMEER JAIN),J

DEEPAK /30