Vineet Kothari, J. - (1.) THESE writ petitions involving common controversy, are being decided by this common order. The facts are illustratively taken from the SBCWP No. 5481/2014 -Barkat Ali & Ors. Vs. State & Ors.
(2.) THE petitioners were working in different positions in the respondent Panchayat Samiti -Bhopalgarh and they were responsible for execution of various works under the M -NREGA Scheme. Upon certain deficiencies and malpractice found in execution of various works in the respondent Panchayat Samiti -Bhopalgarh (Gram Panchayat -Khangta), the District Collector Jodhpur -cum -Coordinator of the said Scheme, issued charge sheets to the petitioners to initiate disciplinary action against them and called upon them to give their explanation within fifteen days. The petitioner, namely, Barkat Ali, who was working as 'Gram -Sevak' at the relevant point of time, however, vide Annex. 9 sought some more time to furnish his explanation. But, in the meanwhile, since the respondent -District Collector, Jodhpur vide order (Annex. 8) dated 18.07.2014 directed filing of FIR in the concerned police station against S/Sh. Jhumararam, Ex -Sarpanch, Barkat Ali, the then Gram -Sevak and Mahipal Pichkia, LDC, the petitioners, therefore, have approached this Court by way of present writ petitions. In the connected writ petition being SBCWP No. 4317/2014 -Mahipal Pichkiya Vs. State & Ors., a coordinate bench of this Court granted an ad -interim order on 18.06.2014, during summer vacations, which however after hearing petitioner, Mahipal Pichkiya, who was present in person on 01.08.2014, was vacated by the following order passed by this Court. The order dated 01.08.2014 passed in CW No. 4317/2014 -Mahipal Pichkiya Vs. State & Ors. is reproduced herein below: - "The matter comes up for orders on an application (No. 3476/2014) seeking correction/modification of the interim order dated 18.06.2014 granted by this Court during summer vacations filed by the petitioner. The interim order dated 18.06.2014 can be reproduced herein below for ready reference to the following effect: - "Heard. Issue notice. Issue notice of the stay application also. Rule is made returnable on 14th July, 2014. Notices be given 'dasti' to the learned counsel for the petitioner for service. In the meanwhile and until next date, the respondents may not take any coercive action against the petitioner pursuant to charge -sheets -Annex. 11 & 12." The prayer made in the present application (IA No. 3476/14) dated 17.07.2014 seeking the correction/modification of the said interim order is also reproduced herein below for ready reference to the following effect: - "It is, therefore, respectfully prayed that Your Lordships may be pleased to allow this application and be pleased to modify the interim order directing the respondents not to take any coercive action pursuant to the impugned annexures. Any other appropriate interim order, which is deemed just and proper in the facts and circumstances of the case, may kindly be also passed." The respondents are yet to file reply to the writ petition as it appears from the record that since after 18.06.2014, the petitioner has not effected the service on the respondents. The Court perused the impugned charge -sheet issued to the petitioner, who was working as Gram Rozgar Sahayak and presently working as Lower Division Clerk in Gram Panchayat, Khangta, Panchayat Samiti Bhopalgarh, District Jodhpur. The allegation levelled against the petitioner is that though no gravel roads were constructed in the said Gram Panchayat but the bills were prepared and payments were made to the Contractors on the basis of the forged job cards issued under the MGNREGA Scheme. After preliminary inquiry of the matter, the charge -sheet was served on the petitioner. The petitioner submits that he has submitted a reply/explanation to the said charge -sheet before the District Collector, who is co -ordinator of the MGNREGA Scheme but the copy of the same has not been placed on record. Though the ad -interim stay order granted by this Court on 18.06.2014 by the co -ordinate bench is of a blanket nature restraining the respondents not to take any coercive action against the petitioner pursuant to the charge -sheets Annexures -11 and 12. As quoted hereinabove, no cogent reason has been furnished by the petitioner seeking any further correction/modification in the interim order. The petitioner has filed the application aforesaid on 16.07.2014. On perusal of the record, this Court finds that apparently there is no confusion or mistake in the interim order requiring any correction or modification. It appears that the petitioner has deliberately delayed the service of the notices upon the respondents in order to prolong the continuation of said interim order so that no coercive action can be taken against him including the enquiry proceedings, now sought to be undertaken by the respondent -Department against him as well as against the other responsible officials in the said Panchayat Samiti. In the considered opinion of this Court, such an ad -interim order can cause serious prejudice to the respondents and they may even not able to initiate and undertake any further appropriate proceedings after the issuance of the charge -sheets though there is no such interim order restraining the respondents to continue with such an inquiry. Therefore, subject to the final decision of the writ petition after filing of the reply by the respondents once the notices of the writ petition are served on the respondents, the interim order dated 18.06.2014 is vacated. Issue fresh notices to the respondents. Notices may be given 'Dasti' to the petitioner/his counsel, returnable within three weeks. After filing of the reply by the respondents, the matter may be listed for final disposed at the admission stage on 27.08.2014."
(3.) LEARNED counsel for the petitioners have urged that a preliminary enquiry in the matter was held by the Social Auditor (Lokpal) of the M -NREGA Scheme, Jodhpur and the complaint against working of the present petitioners, was found to be incorrect and copy of such report in this regard has been placed on record as Annex. 6 (CW No. 5481/14) in Complaint Case No. 67/2013 -Ram Narayan Choudhary Vs. Gram Panchayat Khangta, Panchayat Samiti -Bhopalgarh, Jodhpur.;