[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. 2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur. 3. The Joint Director, Medical And Health Services Zone- Ajmer, Rajasthan. 4. 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 1. Learned counsel for the petitioner is aggrieved of Annexure-1 dated 27.08.2024 whereby without following principles of audi 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 [2026:RJ-JP:473] (2 of 2) [CW-104/2026] State Government, it has been directed that without giving audience to the aggrieved party, no recovery should be issued. 2. Heard. 3. Issue notices. 4. On directions of the Court, notices are accepted by Mr. Prakhar Jain on behalf of Mr. Archit Bohra, AGC for the respondents. 5. 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. 6. It is made clear that passing of the present order shall not prejudice to either of the sides. 7. Accordingly, the present writ petition is disposed of. Pending applications, if any, shall stands disposed. (SAMEER JAIN),J DEEPAK /30