- (1.) HEARD the learned counsel for the appellant.
(2.) THIS intra court appeal is directed against the impugned order of learned Single Judge dated 21.3.2012, whereby S.B.Civil Writ Petition No. 4957/2011, filed by the petitioner, against the order of State Govt. dated 15.3.2004, has been dismissed on the ground of delay/latches. Petitioner preferred Writ Petition before the Single Bench, challenging the order dated 15.10.1998, whereby a finding was recorded against him under Section 38(1)(b) of the Panchayati Raj. Act 1994 and it was also ordered that embezzled amount of Rs.29040/- be recovered with interest. Petitioner, thereafter preferred review petition before the Minister concerned, but the same was also dismissed vide order dated 15.3.2004. Admittedly, the writ petition was filed in the year 2011. There was delay of about seven years in filing the writ petition. Learned Single Judge dismissed the writ petition on the ground of delay of seven years in filing the writ petition, while relying upon two judgments of Shankara Cooperative Housing Society Ltd. V. M. Prabhakar and Others, reported in (2011) 5 SCC 607, and Royal Orchid Hotels Ltd. and another Vs. G. Jayarama Reddy & others, reported in (2011)10 SCC 608). We have considered the submissions of learned counsel for the appellant in this regard and are of the view that there was no sufficient/reasonable explanation of delay of seven years in filing the writ petition and the learned Single Judge was right in dismissing the writ petition of the petitioner on the ground of delay/latches in filing the writ petition. That apart, we have also examined the other submissions of learned counsel for the petitioner. The submission of the petitioner is that the order under Section 38(1)(b)of the Act, could not have been passed for recovery of the embezzled amount. His further submission is that the authority committed an illegality in exercising the powers of review. We find no force in the submissions. While passing final order in an inquiry, the order for recovery of due amount can be passed. The review petition was filed by the petitioner and the same was considered and decided. The State Govt. is empowered to exercise the powers of review under Section 97 of the Rajasthan Panchayati Raj Act,1994.
(3.) IN view of above discussion, we find no merit in this intra court appeal and the same is accordingly dismissed in limine. Stay Application No. 7408/2012 is, also dismissed.;