A.M.NAIK
Kailash Babu Rai – Appellant
Versus
State of M. P. – Respondent
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 A
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