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ANAND PATHAK
Lakhan Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Heard on admission.
1. Regard being had to the similitude of the controversy, both the matters are being heard analogously and decided by this common order. For convenience sake, facts of writ petition No.5424/2024 are taken into consideration
2. The present petition under Article 226 of the Constitution has been preferred by the petitioners seeking following reliefs :--
“(i) That, the impugned order dated 15.2.2024 (Annexure P/1) passed by the respondent No.2 may kindly be quashed and set aside.
(ii) That, other relief which is just and proper in the facts and circumstances of the case may also be granted.”
3. Precisely stated facts of the case are that petitioner (In W.P. No.5424/2024) is holding the post of Panchayat Secretary and petitioner (In W.P. No.4521/2024) is holding the post of Sarpanch and both were posted at Gram Panchayat Dhobat, Janpad Panchayat Bhitarwar, District Gwalior w.e.f. 2024 at the relevant point of time. In the year 2021, an inquiry was conducted against the petitioners based upon certain complaints filed. In the said inquiry, misappropriation of funds and corruption was found. It was found that recovery of certain amount is required to be made ag
The principles of natural justice require fair hearing but non-compliance does not invalidate proceedings if no prejudice is shown; admission of misconduct legitimizes recovery actions.
The main legal point established in the judgment is that the decision-making process adopted by the respondents must comply with the principles of natural justice and the statutory mandate of Section....
The court reaffirmed that principles of natural justice must be observed in inquiry processes, especially in cases of removal from office, while recognizing that proven guilt mitigates claims of proc....
Natural justice principles require a fair hearing before any order with civil consequences is made, as established in several Supreme Court decisions.
Compliance with the principles of natural justice and the authority of the Chief Executive Officer under Section 92 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.
The main legal point established in the judgment is that the principle of natural justice should be applied based on the nature of the inquiry and the opportunity of hearing provided, and that admiss....
Violation of principles of natural justice in administrative proceedings under Section 40 of the Panchayat Raj Adhiniyam, 1993.
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