DAYAKRISHNA NAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge is the letter/order dated 10.03.2016 issued by the Chief Executive Officer, Zila Parishad, Baran to the Development Officer, Panchayat Samiti, Baran requiring him to recover from the petitioners a sum of Rs.21,77,505/ - in equal measure (one -third each) on account of sub -standard quality of construction of CC Roads and other constructions under their watch and responsibility.

(2.) The contention of the counsel for the petitioners is that the said letter/order is in violation of the principles of natural justice inasmuch as no opportunity to show cause was given to the petitioners, nor they allowed to lay their defence prior to the fixation of accountability for the alleged poor/substandard construction and recovery of amount determined therefor.

(3.) Mr. Anurag Sharma, AAG appearing for the respondents submits that the petitioners themselves were allowed to participate in the fact finding inquiry and the inspection of the CC Roads and other constructions. He submitted that the demand notice of recovery against the petitioners and others has been issued on the conclusion of the aforesaid inquiry/inspection and hence no contravention of the principle of natural justice can be made out.