IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE

6th OF FEBRUARY, 2024 WRIT PETITION No. 712 of 2024 BETWEEN:-

1. SMT. RAMSAKHI PANDEY W/O SHRI ANIL PANDEY, AGED ABOUT 51 YEARS, OCCUPATION: EX-SARPANCH GRAM PANCHAYAT SIMRA KHAS, TEHSIL PRITHVIPUR, DISTRICT NIWARI (MADHYA PRADESH)

2. JAGDISH RAIKWAR S/O BABULAL RAIKWAR, AGED ABOUT 52 YEARS, OCCUPATION: EX SECRETARY, GRAM PANCHAYAT SIMRA KHAS TEHSIL PRITHVIPUR, DISTRICT NIWARI (MADHYA PRADESH)

3. JAWAHAR LAL KUSHWAHA S/O BHAULA KUSHWAHA, AGED ABOUT 54 YEARS, OCCUPATION: EX-SECRETARY, GRAM PANCHAYAT SIMRA KHAS TEHSIL PRITHVIPUR, DISTRICT NIWARI (MADHYA PRADESH)

.....PETITIONERS (BY SHRI K.C. GHILDIYAL – SENIOR ADVOCATE WITH SHRI ADITYA SINGH THAKUR - ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE COLLECTOR, DISTRICT NIWARI (MADHYA PRADESH)

3. THE CHIEF EXECUTIVE OFFICER, ZILA PANCHAYAT NIWARI (MADHYA PRADESH)

4. THE CHIEF EXECUTIVE OFFICER, JANPAD PANCHAYAT PRITHVIPUR DISTRICT NIWARI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI K.S. BAGHEL – GOVERNMENT ADVOCATE )

............................................................................................................................................

This petition coming on for admission this day, the court passed the following:

ORDER

This Petition under Article 226 of Constitution of India has been filed against order dated 13.12.2023 passed by CEO, Jila Panchayat cum Additional Collector (Development) cum Prescribed Authority, District Niwari in case No.02/Section-89,92/2022-23 by which petitioners have been directed to submit their reply latest by 20^th of December, 2023 with a rider that in case, if reply is not received or reply is not found to be satisfactory, then amount mentioned in the order shall be recoverable under Section 92 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam.

2. Challenging the order passed by CEO, Jila Panchayat Niwari, it is submitted by counsel for petitioners that said order/show cause notice appears to have been issued on the basis of an ex parte preliminary enquiry conducted in the matter. It is submitted that it appears that W.P. No.18620/2020 was filed by one Shri Harishankar Rajput complaining that on his complaint a Committee has been constituted to look into financial irregularities and embezzlement. The said Committee was constituted by Collector vide its order dated 18.08.2020. However, no enquiry has been conducted and no action has been taken against the delinquent persons. On earlier occasions, counsel for State was directed to seek instructions but ultimately by order dated 16.03.2021, notices of the said writ petition were issued. On 27.10.2023, it was objected by Shri Harishankar Rajput that in spite of enquiry report showing embezzlement of public money done by Sarpanch and Secretary of Gram Panchayat Simra Khas, no action is being taken by the authorities. However, it was submitted by the State Counsel that enquiry is still pending. Accordingly, the Principal Secretary, Panchayat and Rural Development Department as well as Collector, District Niwari were directed to file their personal affidavits that why enquiry is pending for two years and action be not taken against the members of the Committee, who were entrusted with the work of conducting enquiry. Thereafter, on 07.11.2023, the Collector, District Niwari sought time to file compliance report. By order dated 11.12.2023, a direction was given that what action has been taken by the Collector/ACS against the delinquent officers.

3. It is not out of place to mention here that the said writ petition is still pending.

4. It is submitted that it appears that Committee submitted its report, according to which Rs.1,17,09,809/- were alleged to be misappropriated. On the basis of enquiry report dated 06.12.2023, show-cause notice in question has been issued.

5. It is submi