GYANMATI BASORE Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by order dated 08.08.2012 passed by the Additional Commissioner, Rewa Division Rewa in case no. 230/Nigrani/2011-12 whereby the order of the removal of the petitioner as Sarpanch of Gram Panchayat Chhatauli, Janpad Panchayat Waidhan District Singrouli under section 40 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short "the Act") has been affirmed.

(2.) The brief facts leading to the filing of the present petition are that the petitioner is a duly elected Sarpanch of Gram Panchayat Chhatauli, Janpad Panchayat Waidhan District Singrouli. Initially proceedings under section 92 of the Act were initiated against the petitioner for recovery of dues which culminated in passing of the order dated 08.08.2012 by the Collector, Singrouli in which it was held that the petitioner along with the Secretary of the Gram Panchayat and the concerned Sub-Engineer were held equally liable for misappropriation of Rs.1,97,000/- as well as certain other amounts regarding payment made in the muster roll etc. which was directed to be computed and recovered from them. Subsequent to the aforesaid order under section 92 of the Act, the respondent no. 5 filed an application for initiating proceedings under section 40 of the Act against the petitioner on 13.09.2011. Pursuant to which notices were issued to the petitioner for her appearance before the Sub Divisional Officer, Singrouli on 03.10.2011. The petitioner instead of filing a reply or response to the notice, submitted an application under section 11 of the C.P.C. raising objections to the effect that in view of the order passed under section 92 of the Act, initiation of the proceedings under section 40 on the same issue was not permissible and on that count prayed for dismissal of the complaint.

(3.) The Sub Divisional Officer, Singrouli rejected the objections of the petitioner and passed the orders of removal of the petitioner under section 40 of the Act on 13.01.2012. Being aggrieved by which the petitioner filed a revision before the Additional Commissioner, Rewa, Division Rewa. The Additional Commissioner, Rewa/respondent no. 2 initially granted stay of operation of the order passed by the S.D.O., Singrouli by order dated 06.02.2012, however, by impugned order dated 08.08.2012 the revision filed by the petitioner has been dismissed on merits.