[2025:RJ-JP:44909] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20165/2023 1. Aruna Devi W/o Pawan Kumar, Aged About 30 Years, R/o Village And Post Bhinchari, Tehsil Fatehpur, District Sikar (Rajasthan) 2. Banwari Lal S/o Jeevanram, Aged About 60 Years, R/o Village And Post Harsawa Bada Tehsil Fatehpur, District Sikar (Rajasthan). ----Petitioners Versus 1. State Of Rajasthan, Through Its Secretary, Department Of Rural Development And Panchayati Raj Government Of Rajasthan, Govt. Secretariat, Jaipur. 2. District Collector And District Magistrate, Sikar 3. Additional Chief Executive Officer, Zila Parishad, Sikar (Rajasthan). 4. Development Officer, Panchayat Samiti Fatehpur, District Sikar (Rajasthan). 5. Additional Development Officer, Panchayat Samiti Fatehpur, District Sikar (Rajasthan). 6. Assistant Engineer, Panchayat Samiti Fatehpur, District Sikar (Rajasthan). 7. Gram Sevak Cum Secretary, Gram Panchayat Bhinchari, Panchayat Samiti Fatehpur, District Sikar (Rajasthan) ----Respondents For Petitioner(s) : Mr. Intjar Ali For Respondent(s) : Mr. Abhishek Paliwal for Mr. Dheeraj Tripathi, AGC HON'BLE MR. JUSTICE SANJEET PUROHIT Judgment 10/11/2025 [2025:RJ-JP:44909] (2 of 3) [CW-20165/2023] 1. The matter comes up on an application (I.A. No.1/2024) seeking extension of interim order dated 20.12.2023 passed by this Court. 2. With the consent of both the parties, the matter is taken up for final disposal. 3. The writ petition is preferred challenging the recovery notices dated 17.07.2023 (Annexure-8 & 9) issued to the petitioners No.1 - Sarpanch as well as petitioner No. 2 - Village Development Officer, respectively. The said impugned recovery notices have been issued on the strength of the enquiry report (Annexure-7). 4. Learned counsel for the petitioners submit that enquiry has been conducted behind back of the petitioners, without granting any opportunity of hearing. Learned counsel for the petitioners further submits that as a matter of fact, enquiry has been conducted after completion of the tenure of the petitioner No.1 and after retirement of the petitioner No. 2, in violation of principle of audi alteram partem. 5. Reply to the writ petition has been filed justifying the notices impugned in the present writ petition. It was stated that as a matter of fact, some financial irregularities were found in relation to development works undertaken by the Gram Panchayat Bhinchari and on the basis of findings recorded by the Enquiry Committee, recovery notices were issued. 6. Heard learned counsels for the parties and perused the material available on record. 7. A bare perusal of the Enquiry Report (Annexure-7) clearly reveals that same has been done ex-parte without calling upon the petitioners to submit their explanation and thus, no [2025:RJ-JP:44909] (3 of 3) [CW-20165/2023] opportunity of hearing was granted and straightway, in view of the said enquiry report (Annexure-7), impugned recovery notices were issued. 8. A perusal of the reply also shows that allegation of non-grant of opportunity of hearing was not denied. It is a settled position of law that any order having adverse consequences cannot be passed without granting an opportunity of hearing to the person concerned. Therefore, the enquiry report (Annexure-7) as well as recovery notices (Annexures-8 & 9) respectively, are clearly found to be in violation of the principles of natural justice, and the same cannot be allowed to be sustained in the eyes of law. 9. In this view of the matter, the enquiry report (Annexure-7) as well as the impugned recovery notices dated 17.07.2023 (Annexures-8 & 9) are quashed and set aside. The respondents are restrained from effecting any recovery in pursuance of the said recovery notices. 10. However, it will be open for the respondents to undertake fresh enquiry while granting an opportunity of hearing to the petitioners, if so advised. 11. With these observations, the writ petition is allowed, accordingly. 12. Stay application as well as pending application(s), if any, also stand disposed of. (SANJEET PUROHIT),J Sudha/14