An enquiry conducted by an authority other than the statutorily prescribed Ombudsman under the MGNREGA for grievance redressal is incompetent and void, rendering any subsequent penalty or recovery orders based on such enquiry unsustainable in law.

Order on Board

16/04/2026

1. The Writ Petition under Article 226 of the Constitution of India has been filed for the following reliefs:-

i. To kindly call for the records of the case from the respondents.

ii. To kindly quash the Order vide no. 949/MGNREGA/F-5/J.P./2020-21 Basna dated 12/11/2020 issued by the respondent Chief Executive Officer, Janpad Panchayat imposing penalty of Rs. 1000.00 upon the petitioner no.1 under Section 25 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (in short MNREGA). (ANNEXURE P/1)

iii. To kindly quash the order vide no. 3393/S.A.Misc/2020 Raipur dated 17/11/2020 passed by the Commissioner, Raipur Division Raipur directing the Chief Executive Officer, Janpad Panchayat Basna to recover 12750:00 as well as directing the Sub-Divisional Officer (Revenue) to proceed under the provisions of CG Panchayat Raj Adhiniyam, 1993 (ANNEXURE P/2).

iv. To kindly quash the proceedings under Section 40 of the CG Panchayat Raj Adhiniyam, 1993 vide Revenue Case no. 73/A/89 year 2020-21 pending before the Sub-Divisional Officer (Revenue), Saraipali District Mahasamund (C.G.) (ANNEXURE P/3).

2. Facts of the case succinctly stated are that the petitioners are office bearers of the Village Panchayat Medhapali, District Mahasamund (C.G.). Under the Mahatma Gandhi National Rural Employment Act (for short “MGNREGA”), the Village Panchayat is the implementing authority. To ensure the employment to the households, job cards are issued containing the names of all eligible adult members. Any adult member whose name is there in the job card can seek work under the Scheme. During the COVID-19 pandemic period due to quarantine restrictions, family members of the job card holders worked and received money for the work done by them and the job card holder also. Without ascertaining the factual aspect, the respondent No.5 Purushottam Patel in the month of July 2020 made a complaint to the Janpad Panchayat alleging inter alia that the petitioners have entered names of quarantine labours in the muster roll and have misappropriated the government money. Thereafter, the Chief Executive Officer, Janpad Panchayat Basna without complying with the provisions of the MNREGA arbitrarily appointed enquiry officer contrary to the provisions of the Grievance redressal mechanism i.e. Instruction on Ombudsman (ANNEXURE P/5) statutorily prescribed under the MNREGA. The enquiry officer without following the due procedure prescribed under the law took unilateral statements submitted his enquiry report on 20/07/2020 (ANNEXURE P/6) and held that out of the complaint regarding 47 labours, the complaint was found to be false for 40 labours and regarding 7 labours the family members of the card holders have worked but the name of 7 labours were entered in the muster roll which is contrary to MNREGA provisions. The villagers of the village also represented before the authorities on 13/08/2020 that the respondent Purushottam Patel is making false complaints due to dirty politics. The Chief Executive Officer Zila Panchayat, Mahasamund vide letter dated 11/11/2020 (ANNEXURE P/7) directed the Chief Executive Officer Janpad Panchayat Basna to impose fine of Rs. 1000.00 on the petitioners under Section 25 of the MNREGA. The due process of imposition of fine has not been followed. Despite such illegal direction the Chief Executive Officer vide impugned order 12/11/2020 imposed a recovery order of Rs. 6375.00 and fine of Rs. 1000.00 on the petitioner. The petitioner deposited the aforesaid amount under duress and pressure of higher authorities. The Commissioner, Raipur Division despite action being taken under the Special Act again vide letter dated 17/11/2020 directed the Sub-Divisional Officer (Revenue) to initiate proceedings under the CG Panchayat Raj Adhiniyam and also directed the Chief Executive Officer Janpad Panchayat Basna to recover the entire amount of Rs. 12750.00 from the petitioner. The SDO has initiated the proceeding