YAMUNA PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged in this petition the impugned notice/order dated 5-3-94 (Annex. 2) passed by the District Collector (Relief), Churu, respondent No. 2.

(2.) Learned counsel Shri Joshi for the petitioner submitted that the impugned notice/order (Annex. 2) is in clear violation of principles of natural justice, therefore, the same be set aside. Mr. Joshi also submitted that due to political pressure the impugned order was passed and in the impugned notice/order no specific instances have been made that in what manner any irregularity or illegality was committed by the petitioner.

(3.) Before dealing with the aforesaid contentions raised by Mr. Joshi, I must narrate few facts of the case. The petitioner was former Secretary of Shri Gopal Goshala, Sri Dungargarh, which was a social institution meant to render free services to the needy persons of the society in the days of famine and natural calamities. The petitioner had to distribute the fodder during the acute famine in the region at 'no loss no profit basis'. However, instead of distributing it to the poor needy persons, he misappropriated the amount running into more than lakh of rupees by preparing forged documents. On the close scrutiny of the documents, it was found that the petitioner had misappropriated the amount. Hence, he was served with the impugned notice/order (Annex. 2) calling upon him to pay the amount failing which the said amount will be recovered from him as per the Rules. Before approaching this Court, the petitioner replied to the said notice/order on 9-3-94 (Annex. 3) and also tried to create a case in his favour by producing a letter (Annex. 4) alleged to have been written by him to the Manager of the Society to look after the work so as to save himself from his liabilities. It is nothing but an after thought.