SANTOSH JILOWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge are the order dated 29.02.2016 and the consequent demand notice dated 02.03.2016 passed by the Additional Chief Executive Officer, Zila Parishad, Sikar and the Block Development Officer, Panchayat Samiti Patan, District Sikar respectively whereby the recovery in equal measure of an amount of Rs. 10,19,718.00 is sought to be made from the three petitioners before this Court. Petitioner No. 1 was at the relevant time Sarpanch of Gram Panchayat, Jilo, the petitioner No. 2 the then Gram Sewak of Gram Panchayat, Jilo and the petitioner No. 3 J.En. at Gram Panchayat, Jilo.

(2.) It appears that in 2011, 2013 and 2014 when the aforesaid three petitioners were posted at Gram Panchayat Jilo in their respective capacities, referred to above, cement concrete roads were constructed within the jurisdiction of the Gram Panchayat, Jilo. On a complaint having been received by the Lokayukta with regard to the poor and sub-standard quality constructions of the cement concrete roads, the Superintending Engineer, Department of Panchayat, State of Rajasthan, Jaipur was directed by the Lokayukta to make an onsite inspection and report. It appears from the report of the Superintending Engineer that a sample from only one road could be taken and not from the other two in view of the requisite thickness of the cement concrete road not obtaining at the two sites. The sample taken was sent to the authorised laboratory and found sub-standard. In these circumstances, the Superintending Engineer vide letter dated 19.02.2016 informed the Chief Executive Officer, Sikar about the outcome of the inspection made in respect of the three roads constructed during the tenure of the petitioners. On the receipt of the letter dated 19.02.2016 under the hand of the Superintending Engineer, Department of Panchayat, the Additional Chief Executive Officer, Zila Parishad, Sikar vide order dated 29.02.2016 required the Block Development Officer, Panchayat Samiti, Patan, District Sikar to take steps for the recovery of the amounts due from the petitioners for reason of their being responsible for the construction of poor quality roads evidencing financial loss to the State. The Block Development Officer, Panchayat Samiti, Patan, District Sikar vide notice dated 02.03.2016 sought to make requisite recovery from the petitioners.

(3.) Mr. Anoop Dhand, appearing for the petitioners has submitted that the petitioners were not given any opportunity of being heard before the huge demand of Rs. 10,19,718.00 in equal measure from each of them raised. It has been submitted that the demand is vitiated on this count and also for the reason that in the event of the petitioners being provided an opportunity of hearing, they would have been in a position to give out adequate reasons for their exculpation.