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2026 DAILYLAW 16039 (RAJ)

DR. SATYA NARAYAN SEERVI S/O SHRI LIKHMA RAM v. THE STATE OF RAJASTHAN

CW/1375/2026 · 2026-01-27

Sameer Jain

body2026

Judgment text

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[2026:RJ-JP:3476] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1375/2026 Dr. Satya Narayan Seervi S/o Shri Likhma Ram, Aged About 41 Years, R/o Bera Raghunath Sagar, Bera Kalan, Pali, Distt. Pali (Raj.). ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health Services, Govt. Of Rajasthan, Secretariate, Jaipur (Raj.) 2. The Director, Directorate Of Medical And Health Services, Swasthya Bhawan, Jaipur (Raj.) 3. The Joint Director, Medical And Health Services, Zone Ajmer, Ajmer (Raj.) 4. The Principal Medical Officer, Govt. Sub District Hospital Vijaynagar, Beawar, Distt. Beawar(Raj.) 5. The Principal Medical Officer, Govt. Sub District Hospital Bilada, Jodhpur, Distt. Jodhpur (Raj.) ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : Mr. Prakhar Jain for Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 27/01/2026 1. Learned counsel for the petitioner has submitted that vide order dated 14.07.2025, without providing opportunity of hearing, recovery proceedings qua petitioner were initiated by the respondents. In support of his contentions, learned counsel has relied upon the order dated 31.10.2025 (Annexure-8), passed in S.B. Civil Writ Petition No.17229/2025 titled Dr. Rajendra [2026:RJ-JP:3476] (2 of 2) [CW-1375/2026] Singh Lakhawat & Ors. Versus The State of Rajasthan & Ors. and has submitted that under the similar facts and circumstances, vide para-7 and 8, the writ petition was allowed therein, howsoever with the liberty to initiate recovery proceedings against the petitioner therein, after following the due procedure of law and providing opportunity of being heard. 2. Heard. 3. Issue notices to the respondents. 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 light of aforesaid facts and circumstances, it has been observed by this Court that the impugned order dated 14.07.2025 had been passed without following the principles of audi alteram partem, therefore, the order dated 14.07.2025 is quashed and set aside, and the instant petition is allowed. 6. Howsoever, it is made clear that the respondents will be at liberty to initiate fresh recovery proceedings, if need so arises, after issuance of the appropriate show cause notice, considering the reply of the petitioner, and after following the principles of natural justice to pass a speaking order, strictly in accordance with law. 7. Accordingly, the present writ petition is allowed in above terms. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J DEEPAK /32