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2025 DAILYLAW 23261 (RAJ)

ASHOK KUMAR S/O SHRI RADHAYSHYAM SHARMA v. THE STATE OF RAJASTHAN

CW/10947/2023 · 2025-04-07

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:15546] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10947/2023 Ashok Kumar S/o Shri Radhayshyam Sharma, Aged About 58 Years, R/o Gram Post Charsa Via Garwari District Jaipur Presently Posted On Post Of Village Development Officer, Gram Panchayat Garhwari Panchayat Samiti Jamwaramgarh District Jaipur. ----Petitioner Versus 1. The State Of Rajasthan, Through Additional Chief Secretary, Rural Development And Panchayati Raj Department, Secretariat, Jaipur. 2. The Secretary Cum Commissioner, Rural Development And Panchayati Raj Department, Govt. Of Rajasthan, Secretariat, Jaipur. 3. The Chief Executive Officer, Zila Parishad, District Jaipur (Raj.). 4. Panchayat Samiti Jamwaramgarh, District Jaipur Through Its Development Officer. ----Respondents For Petitioner(s) : Mr. Rishi Kumar Sharma For Respondent(s) : Mr. Aditya Sharma for Mr. Kesar Singh Shekhawat, AGC JUSTICE ANOOP KUMAR DHAND Order 07/04/2025 1. Counsels for the parties are in agreement that the issue involved in this writ petition has already been considered and decided by the Co-ordinate Bench of this Court in the matter of Kalu Ram Jat Vs. The State of Rajasthan & Ors. (S.B. Civil Writ Petition No.17606/2017) decided on [2025:RJ-JP:15546] (2 of 3) [CW-10947/2023] 03.03.2022, wherein on 03.03.2022, the following order was passed:- "1. Various Gram Panchayats throughout Rajasthan has purchased solar light wherein there were gross irregularities. As such the competent authority had initiated recovery process but avoid hardship and to reflect bona fides, the petitioner suo motu without any opposition, deposited the recovery portion on his own prior to initiation of any proceedings. 2. Vide Annexure-6 dated 02.03.2015 a letter was issued by Principal Secretary and Commissioner in which a decision was taken that whosoever public representatives/ employees of the State Government who have deposited the amount prior to initiation of recovery proceedings, no disciplinary or any other proceedings shall be initiated against him. 3. Learned counsel for the respondents submits that there is no dispute about the fact that the petitioner in question has deposited the amount in question on his own, prior to initiation of any recovery proceedings. They have submitted that even the retiral benefits are also released during the pendency of the writ petition. 4. In the light of order dated 02.03.2015issued by Principal Secretary directions were given whereby amenity was given to the employees who have deposited the amount before any recovery proceedings. This court deems it appropriate that order dated 04.02.2015 should be quashed and set aside as being contrary to the said directions/circular. 5. In light of above, the writ petition is disposed of. 6. All pending applications are also disposed of." [2025:RJ-JP:15546] (3 of 3) [CW-10947/2023] 2. Learned counsel for the respondents has not disputed the submissions made by the counsel for the petitioner. 3. In that view of the matter, the present writ petition stands disposed of in view of the judgment passed by the Co- ordinate Bench of this Court in the matter of Kalu Ram Jat (supra). 4. Accordingly, the charge-sheet dated 27.02.2015 is set aside. All the pending applications stand disposed of (ANOOP KUMAR DHAND),J KuD/523