[2026:RJ-JP:5819]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2429/2026 Dhara Singh Gurjar S/o Basram Gurjar, Aged About 36 Years, R/o Village And Post Khirni, Tehsil Malarana Doongar, District Sawai Madhopur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Rural Development And Panchayati Raj, Secretariat, Jaipur (Raj.)

2. The Deputy Secretary (Administration), Rural Development And Panchayati Raj Department, Panchayati Raj Bhawan, Jawahar Lal Nehru Marg, District Jaipur (Raj.)

3. The Chief Executive Officer, Zila Parishad Sawai Madhopur, District Sawai Madhopur (Raj.)

----Respondents For Petitioner(s) : Mr. Ashindra Gautam, Adv. For Respondent(s) : Mr. Ashutosh Udawat, Adv., Mr. Pranay Sharma, Adv. &

Ms. Anjali Ranga, Adv. for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE ANAND SHARMA

Order

09/02/2026

1. Ms. Anjali Ranga, Adv. for Mr. Kapil Prakash Mathur, AAG appears and accepts notices on behalf of respondent Nos.1 to

3.

2. Petitioner is aggrieved by order dated 25.07.2025 issued by Deputy Secretary (Administration), Rural Development Department, whereby pursuant to preliminary enquiry conducted with regard to irregularities committed at Gram Panchayat Malarna Dungar, Panchayat Samiti Malarna Dungar from the year 2019-20 to 2024-25, decision has been taken to lodge FIR against the concerned Sarpanch and Village Development Officer as well as conduct departmental enquiry under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short ‘the Rules of 1958’) and also effect recovery of Rs.1,15,32,119/- proportionally from Sarpanch, Village Development Officer, Accountant, Junior Technical Assistant, Junior/Assistant Engineer, Assistant Accounts Officer and Development Officer.

3. Learned counsel for the petitioner submits that no recovery can be effected from the petitioner only on the basis of preliminary enquiry report, unlit and unless role and extent of liability of all the persons involved is determined by the respondents after granting the petitioner due opportunity of hearing.

4. Learned counsel for the petitioner has relied upon order dated 09.07.2025 passed by Co-ordinate Bench of this Court in the case of Ghamandi Lal Meena Vs. State of Rajasthan &

Ors. (S.B. Civil Writ Petition No.10140/2025).

5. Learned counsel for the respondents opposed the writ petition and submitted that after preliminary enquiry report, it has come out that serious irregularities have been committed by the concerned persons, therefore, in order to maintain discipline and integrity, the respondent-Government is well within its right to conduct enquiry under the provisions of the Rules of 1958 as well as to lodge FIR against the wrongdoer. Learned counsel submits that only for the purpose of ascertaining the liabilities of concerned persons, enquiry as provided under the Rules of 1958 shall be conducted.

6. In the light of above, the writ petition is disposed of with liberty to the State Government to lodge FIR as well as to initiate enquiry under the Rules of 1958 pursuant to order dated 25.07.2025. However, it is made clear that recovery, if any, can be effected only after conducting detailed departmental enquiry and after affording due opportunity of hearing to the petitioner under the provisions of the Rules of 1958.

7. Pending application(s), if any, stand(s) disposed of.

(ANAND SHARMA),J Jatin /59