CHANDAN BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 11-7-2002 (Annexure ­ P/10) passed by the Collector, Kawardha, directing Tahsildar, Kawardha, to recover a sum of Rs.2,54,327/- from the petitioner, as during her tenure there was misappropriation of funds.

(2.) INDISPUTABLE facts, in brief, as projected by the petitioner, are that the petitioner was the elected Sarpanch of Gram Panchayat Chachedi, Tahsil & District Kawardha for the period from 13-7- 1994 to 16-3-2000. The respondent No.5 was the Upsarpanch during that period. It was found that there was misappropriation of funds to the tune of above-stated amount during the tenure of the petitioner, as the amount sanctioned for the purpose of various constructions were not utilised in accordance with the requirement. The Audit Officer found that there was misappropriation of fund to the above extent. Accordingly, a show cause notice was issued on 21-11-2000 (Annexure ­ P/2) calling upon the petitioner to appear in the office and explain the same within a period of 15 days, failing which the appropriate steps, thereon, may be taken. The petitioner responded to the said notice on 1-12-2000 (Annexure ­ P/3) stating therein that she was not supplied with audit report, which was mentioned in the notice, as enclosed with the notice.

(3.) AFTER considering all the aspects, as no reply to the detailed show cause notice dated 23-6-2001 (Annexure ­ P/4) was filed, the Collector, Kawardha by the impugned order dated 11-7-2002 (Annexure ­ P/10) directed the Tahsildar, Kawardha, to register a case and recovery the amount to the tune of Rs. 2,54,327/-. Thereagainst, the petitioner had preferred an appeal before the Commissioner. The Commissioner by order dated 16-9-2002 (Annexure ­ P/12) rejected the appeal holding that the same was not maintainable. Thus, this petition.