JAI NARAYAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This intra Court appeal takes exception to order dtd. 28/1/2022, passed by the learned Single Judge in Writ Petition No. 1558 of 2022, whereby, petition filed by the appellant/petitioner has been dismissed.

(2.) The appellant/petitioner is a retired Panchayat Co-ordinator, Gram Panchayat, Pipariya and Bagaihatola, Janpad Panchayat, Kotma, District Anuppur, who has been superannuated with effect from 31/12/2021 on attaining superannuation age. It is seen that earlier the appellant/petitioner has preferred Writ Petition No.14704 of 2010 (s) against order dtd. 14/10/2010 and this Court vide order dtd. 10/11/2010, directed that no recovery shall be made from the appellant/petitioner, as per order dtd. 14/10/2010. Vide another communication dtd. 26/5/2012 (Annexure-P/3), the Collector again directed Chief Executive Officer that in compliance of the order passed by this Court in Writ Petition No.14704 of 2010 (s), recovery cannot be effected from the appellant/petitioner, however, the matter was directed to be reported to the police for appropriate enquiry in accordance with law, on account of his fraudulent act of cheating and misappropriating the amount of Panchayat fund.

(3.) The appellant/petitioner challenged the orders dtd. 14/10/2010 and 26/5/2012 under Rule 3 of the M.P. Panchayats (Appeal and Revision) Rules, 1995 framed under the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "Act of 1993"), before the Divisional Commissioner. The Divisional Commissioner, vide order dtd. 10/1/2020 found that in view of the interim order passed by this Court in Writ Petition No.14704 of 2010 (s) no recovery can be made from the appellant/petitioner till the said order remains in operation. However, the communication dtd. 26/5/2012 was not interfered with as the same was related to the directions of lodging the FIR against the appellant/petitioner and there was no stay against the communication dtd. 26/5/2012. Challenging the order dtd. 10/1/2022 (Annexure-P/1), the appellant/petitioner has approached this Court under Article 226 of Constitution.