[2025:RJ-JP:45720] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10148/2011 Shiv Singh S/o Sh. Nasana Ram, Vill. Samogar Tehsil Bayana, Distt. Bharatpur Raj. ----Petitioner Versus 1. State Of Rajasthan Through Principal Secretary, Rural Development And Panchayati Raj Department, Go, Jaipur. 2. The Commissioner, Rural Development And Panchayati Raj Department, Govt. Secretariat, Jaipur. 3. The Chief Programme Officer And Addl. Distt. Programme Co-Ordinator, Zila Parishad, Bharatpur. 4. Block Development Officer Cum Programme Officer Mgnrega, Panchayat Samiti Bayana, Distt. Bharatpur. ----Respondents For Petitioner(s) : Mr. Deen Dayal Sharma For Respondent(s) : Mr. Prateek Saxsena for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/11/2025 1. This petition has been filed by the petitioner with a challenge to order dated 26.07.2011, issued by the Office of Development Officer Cum Programme Officer (MGNREGA) Punchayat Samiti, Bayana, whereby the respondents have ordered for recovery of Rs.20,867/- on the basis of some enquiry report. 2. The basic submission of the counsel for the petitioner is that the order of recovery is an order adverse to the petitioner government servant and in view of the settled law as regards the principal of natural justice, no order adverse to a government [2025:RJ-JP:45720] (2 of 2) [CW-10148/2011] servant can be passed without allowing an appropriate opportunity to defend the matter/hearing. 3. Learned counsel appearing for the respondents fairly admits this fact that the order of recovery has been issued without allowing opportunity of hearing to the petitioner. 4. Taking into consideration the fact that the order of recovery against the petitioner has been issued without issuing notice to him and allowing any opportunity of hearing, which is a gross violation of principle of natural justice, and therefore, the order of recovery dated 26.07.2011, deserves to be quashed and set aside. 5. Accordingly, the writ petition is allowed and the order dated 26.07.2011, passed issued by the Office of Development Officer Cum Programme Officer (MGNREGA) Punchayat Samiti, Bayana, is quashed and set aside. 6. However, respondents would be at liberty that if they want to proceed against the petitioner, they may proceed after following the due process of law. 7. The stay application and pending application, if any, stand disposed of. (GANESH RAM MEENA),J JAYANT KUMAR-ARTI SHARMA /39