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2025 DAILYLAW 24334 (RAJ)

NAGARMAL SAINI v. STATE MEDICAL AND HEALTHORS

CW/1424/2015 · 2025-04-01

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1424/2015 Nagarmal Saini S/o Shri Kanhaiya Ram Saini, aged 48 years, R/o Singhana, Tehsil Buhana, District Jhunjhunu Rajasthan. ----Petitioner Versus 1. State of Rajasthan through Principal Secretary, Department of Medical and Health, Government of Rajastahn Govt. Secretariat, Jaipur 2. Additional Director (Administratin) Medical and Health Services Rajasthan Jaipur 3. Chief Medical and Health Officer Jhunjhunu 4. In-Charge Community Health Centre, Neem Ka Thana, Sikar ----Respondent For Petitioner(s) : None For Respondent(s) : Ms. Dhriti Jain and Mr. Prakhar Jain for Mr. Archit Bohra-AGC JUSTICE ANOOP KUMAR DHAND Order 01/04/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 13.07.2011 passed by the respondents by which the recovery order has been passed against the petitioner. 2. Contents of the writ petition indicates that pay of the petitioner was fixed under the pay scale of Rs. 1200-2050 which was subsequently changed to Rs. 950-1680 and accordingly, a recovery orders have been passed against the petitioner w.e.f. 04.03.1993. (2 of 2) [CW-1424/2015] 3. Perusal of the record indicates that the above order was passed by the respondents without issuing any notice or without giving any opportunity of hearing to him, which has resulted in violation of the principles of natural justice. The aforesaid order further indicates that no reasons have been assigned/placed at the time of passing of the impugned order. 4. It is settled proposition of law whenever any adverse order is passed against any person, at least an opportunity of hearing is required to be given but in the instant case, the aforesaid procedure has not been followed and straightaway the order impugned has been passed, which is not sustainable in the eyes of law and the same is liable to be and is hereby quashed and set aside. 5. In view of the above, the present writ petition stands disposed of with direction to the respondents to pass fresh order after providing due opportunity of hearing to the petitioner 6. Needless to observe that the respondents would pass a reasoned order within a period of three weeks from the date of receipt of the certified copy of this order. 7. Stay application and all pending application(s), if any, also stand disposed of. 8. Since the petitioner is not aware about passing of this order, let a copy of this order be sent to the petitioner on his residential address as mentioned in the memo of cause title. (ANOOP KUMAR DHAND),J Ashu/170