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G. S. AHLUWALIA
Vimal Sahu – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition under Article 226 of Constitution of India has been filed seeking following reliefs:
"(i) A writ of certiorari quashing the impugned orders dated 22.8.2023 (P/1) and 26.9.2023 (P/2).
(ii) A writ of mandamus to respondents for reimbursing the amount recovered from petitioner No.1.
(iii) Any other relief deemed fit in the circumstances circumstances."
2. It is submitted by counsel for petitioners that by impugned order dated 26.9.2023 passed by Additional Collector (Development)/Prescri (Development)/Prescribed Authority, Zila Panchayat, Anuppur in File No.2694/Zi.Pan./Pan.Pr No.2694/Zi.Pan./Pan.Prako./Section/92/Case.No.-91/2023 91/2023, petitioner No.1 has been directed to deposit an amount of Rs.2,60,960/ Rs.2,60,960/- in addition to Rs.56,772/- which he has already deposited. A solitary contention is raised by counsel for petitioners petitioner that since order under challenge has been passed under section 92 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, Adhiniyam 1993 (in short "Act,, 1993") without any inquiry under section 89 of said Act, therefore, it is bad in law. It is further submittedd that case is hand is covered by order dated 20.8.2
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....
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 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 court emphasized the necessity of adhering to statutory procedures and principles of natural justice in administrative inquiries, quashing the recovery order due to jurisdictional flaws.
Auditor to surcharge illegal payments and loss caused by negligence or misconduct - Section 243 of Act, 1994 clearly stipulates that no recovery can be made after expiration of a period of three year....
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