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2026:CGHC:23287

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 3831 of 2021

1 - Smt. Upa Singh Das W/o Sukumar Das Aged About 56 Years Ex-

Sarpanch Village Panchayat Chandipur P.S. 36 Janpad Panchayat

Koilybeda, Tahsil Pakhanjur, District Uttar Bastar Kanker Chhattisgarh,

District : Kanker, Chhattisgarh

... Petitioner

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of

Panchayat And Social Welfare Development, Mahanadi Bhawan,

Mantralaya, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh,

District : Raipur, Chhattisgarh

2 - The Collector, Kanker District Uttar Bastar Kanker Chhattisgarh.,

District : Kanker, Chhattisgarh

3 - The Chief Executive Officer, Zila Panchayat, Kanker District Uttar

Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

4 - The Chief Executive Officer, Janpad Panchayat, Koilybeda District

Uttar Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

5 - The Sub Divisional Officer, (Revenue) Pakhanjur, District Uttar

Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh

... Respondent(s)

(Cause title is taken from CIS)

For Petitioner : Mr. J. N. Nande with Mr. Ankit Bhoi,

Advocate

For State/Respondents : Mr. Atanu Ghosh, Dy. Govt. Advocate

No.1, 2 & 5.

For Respondents No.3 & 4.: Mr. Ujjwal Kumar Gouraha, Advocate

Digitally

signed by

PRAVEEN

KUMAR

SINHA

Date:

2026.05.18

16:06:28

+0530

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SB: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

15/05/2026

1. Petitioner has filed this writ petition seeking following reliefs:-

“10.1. The Hon'ble Court may kindly be

pleased to quash the impugned

award/order dated 25/08/2021

(Annexure-P/1) passed by the

respondent No.05, in the interest of

justice as it is bad and arbitrary in the

eyes of law.

10.2 Any other relief, which this Hon'ble

Court deems fit and proper, may also

kindly be granted to the petitioners, in the

interest of justice.”

2. Learned counsel for the petitioner submits that petitioner was

Ex-Sarpanch of the Village Panchayat Chandipur, P.V.36,

Janpad Panchayat Koilybeda, Tehsil Pakhanjur. Chief

Executive Officer, Janpad Panchayat Koilybeda had issued a

list for recovery of amount from various village panchayats, on

the basis of social audit report. In the list, Janpad Panchayat

has determined amount of Rs.15,925/- to be recovered from

Village Panchayat Chandipur holding liable including the

Panchayat Secretary, Rojgar Sahayak, Technical Assistant and

Assistant Development Extension Officer of the Village

Panchayat, Chandipur vide Annexure P/2. The villagers of

Village Panchayat, Chandipur have filed compliant against

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respondent No.4 leveling certain allegation of financial

irregularities against Panchayat Secretary of mis-appropriation

of the amount of MGNREGA Scheme. After getting the

knowledge of the compliant, the Chief Executive Officer, the

officer bearers of Village Panchayat, Chandipur have got

prepared a panchanama report mentioning that all works

undertaken by village panchayat during tenure of the petitioner

has been successfully completed and therefore, the complaint

made against the petitioner is baseless. It is also submitted that

in the social audit report there is mentioning of completion of

the work allotted. The social audit report was verified by District

Level Committee including the social audit report which is

subject matter of this case. Overlooking the recommendation

made by the Chhattisgarh social audit unit, respondent No.5

has issued the impugned order/notice dated 25.08.2021 which

is per-se illegal and arbitrary. It is contention of counsel for the

petitioner that no action could be taken under the provisions of

Section 92(1) unless opportunity of hearing is given under

Section 92(4) of the Panchayat Raj Adhiniyam, 1993 and

therefore, the notice be quashed. It is also contention of

counsel for the petitioner that from the contents of the social

audit report it is appearing that respondent No.5 was having no

authority under law to pass any order or to impose any penalty.

The latter part of notice issued by the respondent No.5 is

wi