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2024 Supreme(Chh) 71

DEEPAK KUMAR TIWARI
Parvati Sewta, D/o. Balram Sewta – Appellant
Versus
State Of Chhattisgarh, Through Secretary, Department Of Panchayat And Rural Development – Respondent


Advocates Appeared:
For the Petitioner: Ms. Surya Kawalkar Dangi, Adv.
For the Respondents: Mr. Akhilesh Kumar.

ORDER :

1. These two Writ Petitions are being disposed of by this common order, as they arise out of the order dated 13.12.2017 (Annexure P-1), whereby respondent No.2 has issued a recovery order for misappropriating the funds by producing a forged muster roll and fake invoices of the goods in the Village Panchayat-Badegauri and Bagdongri, where petitioner Parvati Sewta was posted as an Employment Assistant in Village- Badegauri and Raghuveer Patel was posted as Employment Assistant in Village- Bagdongri, pursuant to the decision taken on Cluster Level Exit Conference, which was held under Rule 10 of the Mahatma Gandhi National Rural Employment Guarantee Scheme- Chhattisgarh, Social Audit Rules, 2015 (henceforth ‘the Rules, 2015’).

2. Learned counsel for the petitioners would submit that before issuing the recovery order (Annexure P-1), no show cause notice was issued by respondent No.2 to the petitioners. She would submit that in the said Rule, there is no specific exclusion of the ‘Audi Alteram Partem’ Rule and the Rules, 2015 not specifically excluded the principles of the natural justice. To fulfill the object of the natural justice for fair adjudication in any civil consequences

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