Sangeet Lodha, J.

These writ petitions have been filed by the petitioners, holding the posts of Sarpanch, Gram Sewak Ex-officio Secretary or the Technical Officer, in various Gram Panchayats, aggrieved by the action of the respondents in directing recovery of the loss caused to the Gram Panchayat concerned, on account of purchases of Solar Street Lights, without undertaking the tender process in accordance with law, from a person other than the firm holding valid rate contract with Director General, Supplies & Disposal (D.G.S.&D), Government of India and at the rate higher than the rates prescribed.

2. The relevant facts are that the Panchayati Raj Institutions of the State are receiving funds/financial aids for the purpose of providing infrastructure facilities and for other development works under different heads from various sources. The Government of Rajasthan with a view to extend financial strength to the Panchayati Raj Institutions, allocated Untied Funds to them in the budget for the financial year 2011-2012 and issued the guidelines regarding work to be undertaken by the Panchayati Raj Institutions, which includes the installation of Solar Street Lights in Government buildings and main places, such as chauraha, bus stand etc.

3. The various Gram Panchayats purchased the Solar Street Lights for installation at the various places out of the funds allocated by the State Government under the Untied Fund Scheme, after inviting the tenders open or limited or without inviting tenders. The matter with regard to purchases of the Solar Street Lights by various Panchayati Raj Institutions was inquired into by the Department of Panchayati Raj, Government of Rajasthan, wherein it was found that the Chairpersons of the Gram Panchayats, Gram Sewak-cum-Secretary and the Technical Officers have committed illegalities in purchasing the Solar Street Lights with or without tender from the firms other than the firms having Rate Contract with D.G.S. & D of Government of India and on the rates higher than the rate approved under the Rate Contract with such firms and accordingly, the Chief Executive Officer of various Zila Parishads issued the directions, in some cases for recovery of the value of the Solar Street Lights purchased and in other cases, the difference of amount actually paid and the amount payable, as per the Rate Contract with D.G.S. & D, from the Sarpanch, Gram Sewak-cum-Secretary and Technical Officer of Gram Panchayats concerned. Pursuant to the directions issued as aforesaid, the Vikas Adhikari of the various Panchayat Samiti have issued demand notices, directing the concerned Sarpanch, Gram Sewak-cum-Secretary and Technical Officer of Gram Panchayat, as the case may be, to deposit the amount quantified. Hence, these petitions.

4. Learned counsels appearing for the petitioners contended that the impugned demands have been created against the petitioners with the presumption that the Solar Street Lights have been purchased by them, on the rate higher than the rates approved under Rate Contract with D.G.S. & D. Learned counsels would submit that the notification of D.G.S. & D rate, which has been relied upon for creating the demand against the petitioners, was issued in the year 2013, which was valid for the period 18.3.13 to 31.3.14 whereas, the purchases of Solar Street Lights in question, are of the period prior to the date of commencement of said notification, prescribing the rates of various items approved under the Rate Contract with D.G.S. & D. Learned counsels submitted that the demand has been created against the petitioners solely on the basis of the inquiry conducted in their back and before creating the demand, they were not extended an opportunity of hearing. Learned counsels would submit that in many cases, the price paid for the Solar Street Lights includes the installation charges whereas, the rate prescribed under the Rate Contract with D.G.S. & D. does not include installation charges. Drawing the attentio