Nagu, J. -- 1. Both these writ appeals involving common questions of law and based on more or less similar foundational facts have been heard together and are decided by this common order.

1.1 At the very outset it is pertinent to mention that the only difference between the two appeals is that in Writ Appeal No.359/16 the basic impugned show cause notice before the writ Court had not been responded to by way of reply while in Writ Appeal No.294/2016 the petitioner appellant has filed reply to impugned show cause notice. Moreso Writ Appeal No.359/2016 is by a former Sarpanch of Gram Panchayat whereas Writ Appeal No.294/2016 is by a former Secretary of Gram Panchayat.

2. Learned Single Judge has dismissed the challenge to the show cause notice issued under section 92(1)(4) of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (for brevity Adhiniyam of 1993) calling upon the appellants to show cause as to why the appellants be not sent to civil jail for indulging in embezzlement of funds arising out of the fact that work of only Rs.50,000/- has been certified by the Sub- Engineer, Janpad Panchayat, Dabra as against the sanctioned amount of Rs.4,40,800/- thereby leaving an