SHYAMU BAI Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-4-17
HIGH COURT OF MADHYA PRADESH
Decided on April 07,2021

Shyamu Bai Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

- (1.) This Writ Appeal filed under Section 2(A) of Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 assails the order dated 03.02.2021, whereby the learned Writ Court has dismissed the writ petition filed by the appellant.
(2.) Drapped in brevity, the relevant facts are that the appellant was working as Sarpanch in Gram Panchayat, Dethli Bujurg. The appellant submitted a complain on 18.12.2013 (Annexure-P/6) before the Collector for conducting an inquiry regarding irregularity of work in the said Pahchayat. The appellant preferred yet another complain of similar nature before the Commissioner on 06.10.2017 (AnnexureP/8). A Fact Finding Inquiry was conducted by Chief Executive Officer (CEO), Jila Panchayat, Mandsaur. He submitted report of fact finding inquiry on 06.11.2017 (Annexure-P/2). By communication dated 08.11.2017 (Annexure-P/7), the CEO directed the appellant to remain present for recording statement on her complain. In turn, appellant's statement was recorded on 14.11.2017 (Annexure-R/1). Thereafter, on 01.12.2017 (Annexure-R/2), the CEO issued a showcause notice to the appellant. The appellant filed her reply on 21.12.2017 (Annexure-P/9). The CEO again issued another notice of similar nature on 21.12.2017 (Annexure-R/2). The appellant again filed her response on 04.01.2018 (Annexure-P/9). Interestingly, two more show-cause notices of similar nature were issued on 19.02.2018 and 15.03.2018 (cumulatively marked as Annexure-R/2).
(3.) In purported exercise of power under Section 92 of the Panchayat Raj and Gram Swaraj Adhiniyam, 1993 (Adhiniyam), the CEO passed the order dated 06.04.2018 (Annexure-P/3) and imposed a recovery of Rs.10,10,980/- on the appellant. The appellant unsuccessfully challenged this order before the learned Commissioner who dismissed her appeal on 08.06.2020 (Annexure-P/1).;


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