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GULJARILAL ODAKA versus STATE OF RAJ & ORS

High Court of Rajasthan

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GULJARILAL ODAKA v STATE OF RAJ & ORS - CW Case No. 6735 of 2002 [2006] RD-RJ 2150 (8 October 2006)

(1)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

ORDER

S.B. CIVIL WRIT PETITION NO. 6735/2002

GULJARILAL ODAKA Vs. STATE OF RAJASTHAN & ORS.

Date: 08.11.2006.

HON'BLE MR. K.S. RATHORE, J.

Mr. Anoop Dhand for the petitioner.

Mr. B.S. Chhaba, Addl. GA for the State.

****

This writ petition is directed against the order dated 26.08.2002, by which the petitioner has been directed to make payment of the interest amounting to Rs. 44,906/- either in one installment or Rs. 1,000/- per month in installments. This order has been challenged by the petitioner on the ground that the petitioner was hold guilty by the respondents without initiating any enquiry and without giving opportunity of being heard to the petitioner. Thus, the respondents have not only violated the bare minimum principle of natural justice but also have not followed due process of law before holding the petitioner responsible to make payment of the aforesaid amount.

Learned counsel for the petitioner submits that the present controversy is squarely covered by the

(2) judgment rendered by this Court in the case of Mahendra

Kumar Surana Vs. The Rajasthan State Board for the

Prevention & Control of Water Pollution and Another, decided on 26th November, 1996 and reported in 1997(2)

RLW(Raj.) 963, wherein this Court has held that even recovery of amount can not be made until and unless proper enquiry is held and the officer is given full opportunity to defend himself.

In the instant case also, neither any enquiry whatsoever has been conducted nor opportunity of being heard to defend himself has been provided to the petitioner.

Thus, in view of the ratio decided by this

Court in the aforementioned case of Mahendra Kumar

Surana (supra), the present writ petition stands allowed. The impugned order dated 26.08.2002 (Annexure- 9) is herewith quashed and set-aside with liberty to the respondents to initiate enquiry and after giving opportunity of being heard to the petitioner, pass an appropriate order.

(K.S. RATHORE),J. /KKC/


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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