✦ High Court of India · 23 May 2025

Mata Ka Mandir, Tonk, District Tonk Raj v. State Of Rajasthan, Through Principal Secretary, Medical

Case Details High Court of India · 23 May 2025
Court
High Court of India
Decided
23 May 2025
Bench
Not available
Length
1,796 words

Judgment

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department , Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk, ----Respondents Connected With S.B. Civil Writ Petition No. 2880/2025 Dr. Manila Wife Of Dr. Rameshwar Prasad Bairwa, Aged About 42 Years, Resident Of Indra Colony, Dausa. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer Rajasthan.

4. The Principal Medical Officer, Tonk. ----Respondents S.B. Civil Writ Petition No. 4503/2025

Dr. Pankaj Mangal S/o Shri Hanuman Prasad Mangal, Aged About 36 Years, R/o - D-33. Indra Colony, Niwai , Tonk , Dist -Tonk, Raj. [2025:RJ-JP:21724] (2 of 10) [CW-4514/2025] Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk, S.B. Civil Writ Petition No. 4532/2025 Dr. Rajesh Kumar Jat S/o Shri Chhettar Lal Jat, Aged About 42 Years, R/o Village Naya Gauv, Tehsil Dewali, Dist - Tonk, Raj. ----Respondents Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. S.B. Civil Writ Petition No. 4538/2025 Dr. Narendra Kumar Sansi S/o Shri Samarth Singh Sansi, Aged About 34 Years, R/o Village - Nasirda, Tonk, Dist - Tonk, Raj. ----Respondents Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone [2025:RJ-JP:21724] (3 of 10) [CW-4514/2025] Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. ----Respondents S.B. Civil Writ Petition No. 4539/2025 Dr. Arvind Kumar Gurjar S/o Shri Ved Prakash Gurjar, Aged About 36 Years, R/o 52/568 Sector-5, Pratap Nagar, Sanganer, Jaipur. Dist- Jaipur, Raj. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. S.B. Civil Writ Petition No. 4541/2025 Dr. Mahaveer Singh S/o Shri Jeevan Ram, Aged About 44 Years, R/o Nehra Niwas, Didwana Road, Nawa City, Dist- Nagaur, Raj. ----Respondents Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. ----Respondents S.B. Civil Writ Petition No. 4548/2025 Dr. Ramjas Choudhary S/o Shri Ram Kishan Choudhary, Aged About 36 Years, R/o 85 Sawai Madho Singh Pura, Chaksu, Jaipur, Dist-Jaipur, Raj. [2025:RJ-JP:21724] (4 of 10) [CW-4514/2025] Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. S.B. Civil Writ Petition No. 4549/2025 Dr. Lekhraj Sharma S/o Shri Prabhati Lal Sharma, Aged About 34 Years, R/o Plot No. 79, Rajendra Nagar, Jaipur, Dist. Jaipur, Raj. ----Respondents Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. ----Respondents S.B. Civil Writ Petition No. 4670/2025 Dr. Ravindra Kumar Saini S/o Shri-Mangi Lal Saini, Aged About 40 Years, R/o Ward No.1, Chandji Wali Dhani, Reengus Road, Chomu, Tripoliya Chomu, Jaipur, Raj. Versus ----Petitioner

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur. [2025:RJ-JP:21724] (5 of 10) [CW-4514/2025]

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. Connected with ----Respondents S.B. Civil Writ Petition No. 2909/2025 Dr. Yogesh Dasodia Son Of Shri Mange Ram Dasodia, Aged About 42 Years, Resident Of Government Quarter No. 1, Saadat Hospital Campus, Jaipur. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. ----Respondents Connected With S.B. Civil Writ Petition No. 2910/2025 Dr Rajeev Yadav Son Of Shri Bhanwar Lal Yadav, Aged About 40 Years, Resident Of Tr-17, Civil Lines, Tonk. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. ----Respondents [2025:RJ-JP:21724] (6 of 10) [CW-4514/2025] S.B. Civil Writ Petition No. 2912/2025 Dr. Yashwant Nama S/o Shri Gopal Prasad Chipi, Aged About 38 Years, R/o Plot No. 11, Anita Colony- C, Sanganer, Jaipur. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. ----Respondents S.B. Civil Writ Petition No. 2959/2025 Dr. Krishna Gurjar Wife Of Dr. Jagdish Prasad Gurjar, Aged About 40 Years, Resident Of A-39, Nagar Parishad Colony, Tonk. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur,

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. S.B. Civil Writ Petition No. 3036/2025 Dr. Anita Saini W/o Dr. Ravindra Saini, Aged About 41 Years, At Present Junior Specialist (Gyne) At Saadat Hospital, Tonk. ----Respondents ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, [2025:RJ-JP:21724] (7 of 10) [CW-4514/2025] Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone, Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. S.B. Civil Writ Petition No. 3859/2025 Dr. Naresh Kumar Son Of Shri Durga Prasad, Aged About 37 Years, Resident Of Old Delhi Road, Shahpura, Jaipur. ----Respondents ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Jaipur, Rajasthan.

4. The Principal Medical Officer, Shahpura, Jaipur. S.B. Civil Writ Petition No. 4746/2025 Dr. Teena Jain D/o Shri Indra Mal Jain, Aged About 37 Years, R/o Plot No.-57, Kampu, Shivaji Nagar, Tonk, Dist-Tonk, Raj. ----Respondents ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. Teh Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. S.B. Civil Writ Petition No. 4790/2025 ----Respondents [2025:RJ-JP:21724] (8 of 10) [CW-4514/2025] Dr. Ram Naresh Sharma S/o Shri- Kedar Nath Sharma, Aged About 42 Years, R/o 64 Near Fav Dharamshala, Bari, Dist- Dholpur, Raj. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. ----Respondents S.B. Civil Writ Petition No. 4792/2025 Dr. Vasim Akram Ansari S/o Shri Barkat Ali, Aged About 40 Years, R/o Nagaron Ki Gali, Vtc Todaraising, Po Todaraising, District Tonk Raj. ----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur.

2. The Financial Advisor, Medical And Health Services, Rajasthan, Jaipur.

3. The Joint Director, Medical And Health Services, Zone Ajmer, Rajasthan.

4. The Principal Medical Officer, Tonk. ----Respondents For Petitioner(s) : Mr. Naveen Dhuwan Mr. Alam Sahani For Respondent(s) : Mr. Archit Bohra, AGC with Ms. Sweekriti Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL [2025:RJ-JP:21724] (9 of 10) [CW-4514/2025] Judgment / Order 23/05/2025 Since, the issue involved in these writ petitions is common, they are being tagged. These writ petitions are disposed of in following terms as agreed and requested by the learned counsels for the respective parties:-

1. The orders impugned dated 03.02.2025 issued by the Principal Medical Officer, Tonk are quashed and set aside as withdrawn.

2. The respondents are at liberty to pass order(s) afresh in respect of the subject-matter of the impugned orders in accordance with law after following the principles of natural justice. Pending application(s), if any, also stands disposed of. It is a matter of great concern that despite issuance of the circular dated 07.10.2024 by the State Government under directions of this Court requiring all the State functionaries not to issue the recovery orders without following the principles of natural justice, this Court is still inundated with litigation wherein, the recovery orders are still being issued in gross violation of the principles of natural of justice. This callous and lackadaisical approach of the Government Officers not only enburdens the public exchequer but, also results in wastage of precious time of this Court. In view thereof, it is made clear that in future, if the recovery order(s) is found to be issued in violation of the principles of natural justice, it may entail cost/recovery of litigation cost from [2025:RJ-JP:21724] (10 of 10) [CW-4514/2025] such erring official(s) as also a direction for initiation of departmental inquiry against them. The Chief Secretary, Govt. of Rajasthan is directed to issue necessary direction to all the concerned accordingly. A copy of such direction be placed before this Court within six weeks from today. The Registrar (Judl.) is directed to remit a copy of this order in the office of the Chef Secretary, Govt. of Rajasthan forthwith for intimation and compliance. Manish/243-252 (MAHENDAR KUMAR GOYAL),J

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