SHARABH SHRIVASTAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to the order Annexure P/1 dated 5/6.07.2012 whereby the respondent No.2 has issued an order of recovery for an amount of Rs.75,116/- from the petitioner. Challenge is also to the award dated 26.12.2011 (Annexure P/2) passed by the Lokpal under Mahatma Grandhi National Rural Employment Guarantee Act (in short MGNREGA).

(2.) Facts of the case is that, the petitioner was working as a Programme Officer under Janpad Panchayat, Bemetara during the relevant period i.e. in the year, 2011. During the said period, one Shri Bisat Ram Sahu filed a complaint before the Lokpal under MGNREGA, District Durg. Learned Lokpal took cognizance of the complaint and registered a case as Case No.9/2011. It is pertinent to mention that the complaint was lodged against four persons namely (i) Mohal Ram Sahu, Sarpanch of Gram Panchayat, Babamohtara, Block Bemetara (ii) Naresh Kumar, Rozgar Sahayak of the same Gram Panchayat (iii) Baldau Prasad Sahu, Panchayat Secretary of same Gram Panchayat and (iv) Gajanand who was working as Mate in the same Gram Panchayat during the relevant time.

(3.) It is necessary to highlight at this juncture that the complaint never had any averment or allegation or charge against the present petitioner. The petitioner was never party to the proceedings before the Lokpal also. After hearing was concluded, the Lokpal vide award dated 26.12.2011 (Annexure P/2) made the following observations in conclusion: ...[VARNACULAR TEXT UMITTED]... It is here for the first time that the name of the petitioner is reflected in the proceeding.