IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI WRIT PETITION No. 24139 of 2021 VEER SINGH CHAURASIYA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Mr. M.P.S. Raghuvanshi - Senior Advocate with Mr. Dharmendra Singh Raghuvanshi - Advocate for the petitioner.

Ms. Monika Mishra - GA for the State.

ORDER

Reserved on : 05.02.2026 Delivered on : 17.02.2026

ORDER

The petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the order dated 10.01.2017 (Annexure P/2), whereby a minor punishment of recovery of amount towards loss caused to the Government has been imposed upon him. He has also challenged the order dated 25.02.2017 (Annexure P/11), whereby his review application has been rejected as not maintainable, and has further challenged the order dated 30.09.2021, whereby his appeal has been rejected as time-barred.

2. The facts which are not in dispute are that the petitioner was earlier holding the substantive post of Sub-Engineer in the Water Resources Department. He was selected for appointment on deputation to the post of Assistant Engineer in the MNREGA Scheme under the M.P. State Employment Guarantee Council vide order dated 17.10.2006 (Annexure P/3). Initially the petitioner was posted on deputation at Janpad Panchayat Amla, District Betul, and subsequently he was given the charge of the post of Chief Executive Officer, Janpad Panchayat, Barai, District Gwalior.

3. While working at Janpad Panchayat, Barai, he was required to grant technical sanction for construction of a stop dam for facilitating water supply during a Mela (fair) to be organized at village Kulaith over Saank river, during 2010-11. The petitioner granted technical sanction on 28.05.2010 for construction of the stop dam. The total estimated cost for construction of the stop dam was Rs.4,97,000/-. The stop dam was accordingly constructed. However, within two months, the villagers started complaining about the damage caused to the stop dam. Water leakage was also reported. As per the petitioner's contention, on the oral instructions of the Collector, he granted technical sanction for carrying out the repair of the stop dam on 06.09.2010 which was estimated to Rs.2,47,000/-.

4. Taking cognizance of the complaint made by the villagers, the Commissioner, Gwalior Division, Gwalior issued a show-cause notice to the petitioner on 27.02.2013 (Annexure P/6). The allegation made against the petitioner was that he granted technical sanction for construction of the stop dam without carrying out the survey and by ignoring the prescribed norms. It was also alleged that the sanction was given without taking into account the maximum pressure that might occur due to the flow of water. The show-cause notice also referred to the report submitted by a team consisting of the Executive Engineer, Sub-Divisional Officer and the Project Officer.

5. The petitioner submitted a reply to the show-cause notice on 30.03.2013, whereby he justified his act of granting technical sanction. Apart from the above, he also stated that he was not given any notice of the enquiry conducted by the Executive Engineer.

6. From the documents brought on record, it appears that an opportunity of personal hearing was given to the petitioner and accordingly he appeared before the Commissioner for personal hearing on 03.01.2017. Thereafter, the impugned order dated 10.01.2017 came to be passed, whereby punishment under Rule 10(iii) of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966 has been imposed, directing the petitioner to deposit one-third of Rs.7,39,000/-, which is assessed to be the total loss caused to the Government. The impugned order also states that in relation to the concerned Sub-Engineer and the Gram Panchayat, a necessary decision shall be taken by the Collector considering the merits of the case.

7. Being aggrieved, the petitioner submitted an application for review of the aforesaid ord