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2008(3) JLJ 392
A.M. Naik, J.
Kailash Babu Rai v. State of M.P. and others
Writ Petition No.4432 of 2000 (Jabalpur); Decided on 11.4.2008.
The petitioner was duly appointed as Panchayat Karmi vide resolution dated 19.11.1995 marked as Annexure P-4. He was appointed as Panchayat Karmi vide order dated 19.11.1995 marked as Annexure P-5. He was notified as Secretary by the Collector Raisen in exercise of powers under section 69 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "Panchayat Raj Adhiniyam" for brevity). Samajik Suraksha Pension was sanctioned to Parmo Bai widow of Halke. On 2.10.1996, Gram Panchayat Manpur found that Parmo Bai widow of Halke got remarried and left the village and made herself disqualified for the said pension. Accordingly, it was resolved by the Gram Panchayat that the pension amount sanctioned in the name of Parmo Bai, widow of Halke, may be paid to Parmo Bai widow of Karan Singh. Copy of the resolution is on record as Annexure P-7. Phoola Bai, who was Sarpanch of Gram Panchayat Manpur, personally disbursed the amount of pension in accordance with the resolution to Parmo Bai widow of Karan Singh. [Para 4
Held: It is not the case of the respondents in its return that the said resolution was ever suspended or cancelled. In the absence of any such situation, petitioner is not found to have acted illegally in making compliance of the resolution. On the contrary, he would have made himself liable for non-compliance of the resolution and would have exposed himself to an action against him by the Gram Panchayat. The Sub-Divisional Officer Raisen, appellate and revisional authorities are not found to have considered the aforesaid aspects of law while passing the impugned order. Petitioner is found to have acted with good faith while making payment of pension in accordance with the resolution to Parmo Bai widow of Karan Singh who was not found by the authorities to be not entitled to Nirashrit Pension. [Para 15 & 14
(2) Panchayat Service (Discipline and Appeal) Rules, 1999 (M.P.) -- Rr.1(3), 2(f), 5(b)(6) and 7(2) -- Panchayat Karmi notified Panchayat Secretary -- is member of Panchayat service -- removal from service is major penalty -- cannot be imposed without following procedure. [Para 16
(3) Panchayat (Powers and Functions of Sarpanch and Up-Sarpanch of Gram Panchayat, President and Vice-President of Janpad Panchayat and Zila Panchayat) Rules; 1994 (M.P.) -- R.3 -- Sarpanch is directly responsible for carrying out resolutions and functions of Gram Panchayat. [Para 7
¼1½ xzke iapk;r ¼lfpo dh ‘kfDr;k¡ rFkk d`R;½ fu;e] 1999 ¼e-iz-½ && fu-4¼1½ && xzke iapk;r ds lfpo us xzke iapk;r ds ladYi rFkk funs‘k ds vuqikyu esa isU‘ku forfjr dh && voS/k dk;Z ugha fd;kA ;kph mikca/k ih&4 ds :i esa fpfg~ur ladYi fnukad 19-11-1995 }kjk lE;d~:is.k iapk;rdehZ fu;qDr fd;k x;k FkkA mls mikca/k ih&5 ds :i esa fpfg~ur vkns‘k fnukad 19-11-1995 }kjk iapk;r dehZ fu;qDr fd;k x;k FkkA dyDVj] jk;lsu }kjk e-iz- iapk;r jkt ,oa xzke Lojkt vf/kfu;e] 1993 ¼,rfLeu~i‘pkr~ la{ksi ds fy, ^^iapk;r jkt vf/kfu;e** ds :i esa fufnZ"V½ dh /kkjk 69 ds v/khu ‘kfDr;k¡ iz;qDr dj mls lfpo vf/klwfpr fd;k x;kA lkekftd lqj{kk isU‘ku gyds dh fo/kok ijeksckbZ dks eatwj dh xbZ FkhA 2-10-1996 dks xzke iapk;r ekuiqj us ik;k fd gyds dh fo/kok ijeksckbZ us iqufoZokg dj fy;k gS vkSj xzke NksM+ fn;k gS rFkk Lo;a dks mDr isU‘ku ds fy, fujgZ dj fy;k gSA rnuqlkj] xzke iapk;r }kjk ladYi fd;k x;k fd gyds dh fo/kok ijeksckbZ ds uke ls eatwj isU‘ku dh jde djuflag dh fo/kok ijeksckbZ dks lanÙk dh tk,A ladYi dh izfr mikca/k ih&7 ds :i esa vfHkys[k ij gSA QwykckbZ us tks xzke iapk;r ekuiqj dh ljiap Fkh] ladYi ds vuqlkj isU‘ku dh jde djuflag dh fo/kok ijeksckbZ dks O;fDrxr :i ls laforfjr dhA ¿ iSjk 4 vfHkfu/kkZfjr % izR;FkhZx.k dk muds mÙkj esa ;g i{kdFku ugha gS fd mDr ladYi dHkh fuyafcr vFkok jn~n fd;k x;k FkkA ,slh fdlh fLFkfr ds vHkko esa ;g fu"d"kZ ugha fudkyk tk ldrk fd ;kph us ladYi dk vuqikyu djus esa voS/k dk;Z fd;k gSA rRizfrdwy] og ladYi ds vuuqikyu ds fy, nk;h gksrk rFkk xzke iapk;r }kjk mlds fo:) dkjZokbZ dh tk ldrh FkhA mi[kaM vf/kdkjh] jk;lsu] vihyh rFkk iqujh{k.k izkf/kdkfj;ksa }kjk vkf{kIr vkns‘k ikfjr djrs le; fof/k ds iwoksZDr igyqvksa ij fopkj ugha fd;k x;kA fu"d"kZ fudkyk tkrk gS fd ;kph us ladYi ds vuqlkj djuflag dh fo/kok ijeksckbZ dks] ftls izkf/kdkfj;ksa }kjk fujkfJr isU‘ku dh gdnkj ugha gksuk ugha ik;k x;k Fkk] isa‘ku dk lank; djus esa ln~Hkko ls dk;Z fd;k gSA ¿ iSjk 15 ,oa 14 ¼2½ iapk;r lsok ¼vuq‘kklu rFkk vihy½ fu;e] 1999 ¼e-iz-½ && fu-1¼3½] 2¼p½] 5¼[k½¼6½ rFkk 7¼2½ && iapk;r dehZ iapk;r lfpo vf/klwfpr && iapk;r lsok dk lnL; gS && lsok ls gVk;k tkuk nh?kZ ‘kkfLr gS && izfØ;k dk vuqlj.k fd,fcuk vf/kjksfir ugha dh tk ldrhA ¿ iSjk 16 ¼3½ iapk;r ¼xzke iapk;r ds ljiap rFkk mi&ljiap] tuin iapk;r rFkk ftyk iapk;r ds v/;{k rFkk mik/;{k dh ‘kfDr;k¡ rFkk d`R;½ fu;e] 1994 && fu-3 && xzke iapk;r ds ladYi rFkk d`R; dk;kZfUor djus ds fy, ljiap izR;{kr% mÙkjnk;h gSA ¿ iSjk 7
1. Petitioner was appointed as Panchayat Karmi of Gram Panchayat, Manpur, District Raisen. He was also notified as Secretary of the Gram Panchayat. A complaint was made on 16.6.1999 against the Sarpanch and the Secretary of the Gram Panchayat by one Parmo Bai widow of Halke, alleging that they have pocketed the amount of 'Nirashrit Pension Yojna' allotted to her in the year 1995. Proceedings were initiated by the Sub-Divisional Officer, Raisen, and the preliminary enquiry was made by the Chief Executive, Officer of Janpad Panchayat Sanchi. Sarpanch and Secretary were served with show cause notices. In reply, the Sarpanch stated that the amount of Nirashrit Pension was diverted to another candidate because the complainant had lost her entitlement on account of leaving the Panchayat area and performing second marriage. A resolution to this effect was passed by the Gram Panchayat. Sarpanch also submitted his affidavit stating therein that the petitioner was not at fault at all as he being the Secretary of Gram Panchayat, took action under the directions of the Sarpanch in accordance with the resolution which is on record as Annexure P-7. Copy of the affidavit is on record as Annexure P-8. Petitioner submitted the reply and stated that he acted according to the directions of the Sarpanch as well as the resolution passed by the general body of the Gram Panchayat. Copy of the reply is on record as Annexure P-9.
2. After enquiry, the Sub-Divisional Officer Raisen, removed the petitioner from the post of Panchayat Karmi (Secretary) vide order Annexure P-1 dated 24.8.1999. Appeal and revision were preferred before the Upper Collector Raisen and Commissioner Bhopal and Hoshangabad division which, too, have been dismissed on 8.11.1999 (Annexure P-2) and 8.5.2000 (Annexure P-3) respectively. This petition has been preferred challenging Annexure P-l, Annexure P-2 and Annexure P-3 on the ground that the petitioner being the Secretary of Gram Panchayat is bound to obey the orders of Sarpanch and the Gram Panchayat. The complainant having lost her entitlement on account of shifting to another Gram Panchayat area and further performing the second marriage was rightly not paid the Nirashrit Pension.
3. In the return, respondent No.1 stated that while discharging the duties as Secretary of Gram Panchayat he was supposed to act in honest, fair and responsible manner. On receiving the complaint, an enquiry was made by the Sub-Divisional Officer Raisen, through the Chief Executive Officer, Janpad Panchayat Sanchi. It was found that the pension was being disbursed to Smt. Parmo Bai, widow of Late Shri Karan Singh and was not being disbursed to Parmo Bai, widow of Halke, who was the actual beneficiary and for whom the pension was sanctioned. Copy of the report of Chief Executive Officer is on record as Annexure R-2. If, the actual beneficiary of the pension was not available, the amount of pension ought to have been refunded to the Janpad Panchayat Sanchi. Even if, Parmo Bai widow of Karan Singh was found entitled to receive the pension amount under Nirashrit Pension Yojna, a separate course of action ought to have been resorted to get the pension sanctioned in her name. Thus, the Sarpanch of Gram Panchayat as well as the petitioner misappropriated the Government money by disbursing it to an unauthorised person. Thus, the petitioner is rightly found responsible and is being removed accordingly. Order of removal was rightly passed by the Sub-Divisional Officer, which has already been confirmed by the Additional Collector as well as the Commissioner.
4. After hearing the learned counsel for the parties in the light of material on record, the facts which emerge are that the petitioner was duly appointed as Panchayat Karmi vide resolution dated 19.11.1995 marked as Annexure P-4. He was appointed as Panchayat Karmi vide order dated 19.11.1995 marked as Annexure P-5. He was notified as Secretary by the Collector Raisen in exercise of powers under sect
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