ORDER

1. This petition under Article 226 of the Constitution of India has been filed against the order dated 30.8.2019 passed under section 92 of the M.P. Panchayat Raj Awam Gram Swaraj, Adhiniyam, 1993 (in short "Adhiniyam").

2. It is submitted by the counsel for the petitioners that a show-cause notice dated 29.8.2018 was issued to the petitioners under section 92 of the Adhiniyam for recovery of Rs. 2,88,000/-.The show-cause notice was duly replied by the petitioners, however, without conducting any enquiry, the impugned order has been passed. Challenging the order dated 30.8.2019, it is submitted by the counsel for the petitioners, that the respondents have already taken a final decision, which is bad because the provision of section 92 of Adhiniyam, is merely an execution provision, and unless and until, an enquiry is conducted under section 89 of Adhiniyam, no action can be taken against the petitioners. To buttress his contentions, the counsel for the petitioners has relied upon the judgments passed by this Court in the case of Sumitra Dhurve v. State of M.P. reported in 2016(III) MPWN 83 and Kadam Singh v. CEO and others reported in 2019(1) MPLJ 420.

3. Per contra, it is submitted by the counsel for the State that the letter dated 30.8.2019 is not a final order, but it is merely a show cause notice and no action under section 92 of Adhiniyam would be taken unless and until, an enquiry is conducted under section 89 of Adhiniyam.

4. Considered the submissions made by the counsel for the parties.

5. This Court in the case of Kadam Singh (supra) has held as under :

''9. That the respondents have issued notice under section 92 of the Panchayat Act. The proceeding of section 92 is like an execution proceeding. Before initiating the execution proceeding there has to be an adjudication by the competent authority. section 89 provides for adjudication. sections 89 and 92 of the Panchayat Act are reproduced herein below :

89. Liability of Panch etc. for loss, misappropriation.- (1) Every Panch, member, officebearer, officer or servant of Panchayat (or Gram Nirman Samiti and Gram Vikas Samiti) (or committee of Gram Sabha) shall be personally liable for loss, waste or misapplication of any money or other property of the Panchayat (or Gram Nirman Samiti and Gram Vikas Samiti) (or committee of Gram Sabha) to which he has been a party or which has been caused by him by misconduct or gross neglect of his duties. The amount required for reimbursing such loss, waste, or misapplication shall be recovered by the prescribed authority.

Provided that no recovery shall be made under this section unless the person concerned has been given a reasonable opportunity of being heard.

(2) If the person concerned fails to pay the amount, such amount shall be recovered as arrears of land revenue and credited to the funds of the Panchayat (or Gram Nirman Samiti and Gram Vikas Samiti) (or committee of Gram Sabha) concerned.

92. Power to recover records articles and money.-(1)Where the prescribed authority is of the opinion that any person has unauthorisedly in his custody any record or article or money belonging to the Panchayat (or Gram Nirman Samiti and Gram Vikas Samiti) (or committee of Gram Sabha), he may, by a written order, require that the record of article or money be delivered or paid forthwith to the Panchayat (or Gram Nirman Samiti and Gram Vikas Samiti) (or committee of Gram Sabha), in the presence of such officer as may be appointed by the prescribed authority in this behalf.

(2) If any person fails or refuses to deliver the record or article or pay the money as directed under sub-section (1) the prescribed authority may cause him to be apprehended any may send him with a warrant in such form as may be prescribed, to be confined in a Civil Jail for a period not longer than thirty days.

(3) The prescribed authority may- (a) for recovering any such money direct that such money be recovered as an arrear of land revenue