HANUMAN SWAMI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-9-34
HIGH COURT OF RAJASTHAN
Decided on September 19,2014

Hanuman Swami Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Dr. Vineet Kothari, J. - (1.) THE petitioner, Hanuman Swami S/o Sh. Girdhari Lal Swami, has filed the present writ petition in this Court on 28.08.2014 with the following prayers: - "It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction: - (i) The impugned order dated 24.12.2013 Annex. P/8 and 02.06.2014 Annex. P/10 may kindly be quashed and set aside with all consequential benefits. (ii) That order Annex. P/4 dated 28.06.2011 and 04.07.2011 Annex. P/5 may also be quashed and if any amount has been recovered on that basis, the same may kindly be directed to be refunded to the petitioner. (iii) Any other appropriate writ, order or direction which this Hon'ble Court deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (iv) Writ petition filed by the petitioner may kindly be allowed with costs."
(2.) THE petitioner has laid a challenge to the impugned order (Annex. P/8) dated 24.12.2013 by which on the basis of Social Audit Report in respect of works execution under the MNREGA Scheme in the Gram Panchayat Pilibanga, District: Hanumangarh, a sum of Rs. 6,91,192/ - under the various heads of different works, is sought to be recovered from the petitioner on account of wrong or unauthorized payments made with respect to such contracts executed. Two enquiry reports, namely, (i) Social Audit Wing and (ii) Report of the District Collector, are produced on record as Annex. P/1 dated NIL, and Annex. P/9 dated 17.01.2014 respectively, giving the details of various works and deficiencies found in execution of said works. Upon receipt of the such reports, the petitioner vide (Annex. P/6) letter dated 24.12.2013 in the capacity of Secretary of the Gram Panchayat Dabli, Panchayat Samiti -Pilibanga, gave his explanation to the Development Officer of the Panchayat Samiti in the following manner: -
(3.) AFTER the so -called explanation was received by the Development Officer, the said authority has passed the impugned order (Annex. P/8) dated 24.12.2013. The learned District Collector, Hanumangarh, also reiterating those findings in the impugned communication (Annex. P/9) dated 17.01.2014 has discussed the said issue with regard to the petitioner as under: - ;


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