STATE OF M.P. Vs. KU. PREETI PATIDAR

JUDGEMENT

(1.) This order shall govern the disposal of writ appeal No.949/2021 and writ appeal No.951/2021 as both the appeals have arisen out of the common order dtd. 23/6/2021 passed by the leaned single judge in W.P. No.17964/2020 and W.P. No.6332/2021 respectively. For the convenience, the facts as narrated in W.A. No.949/2021 (W.P. No.17964/2020) are being taken into consideration.

(2.) This appeal under Sec. 2(1) of the M.P. Uchha Nayaylalya (Khand Nyaypith Ko Appeal) Adhiniyam, 2005 has been filed by the appellants/State against the order dtd. 23/06/2021 passed by the learned Single Judge in WP No.17964/2020 by which the petition filed by the petitioner/respondent No.1 (hereinafter referred to as 'the petitioner') has been allowed with cost of Rs.15,000.00, quashing the order dtd. 5/10/2020 passed by the appellate authority- Commissioner, Ujjain, Division Ujjain which affirmed the order dtd. 28/11/2020 passed by the Collector, Ujjain whereby the respondent No.1/petitioner was removed from the post of Pradhan. and consequently the recovery effected from the petitioner/respondent was also quashed being not sustainable. The review petition No.553/2021 filed by the State has also been dismissed by the learned Single Judge by order dtd. 21/09/2021 W.P. No.17964/2020 was preferred by the petitioner against the order dtd. 04/10/2019 passed by the Specified Officer and Chief Executive Officer, Jila Panchayat, Ujjain under Sec. 92(2)(1) of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Panchayat Act') and order dtd. 05/10/2020 passed by the appellate authority-Commissioner, Ujjain Division, Ujjain. Whereas, WP No.6332/2021 was preferred against the order dtd. 04/03/2021 passed by the Commissioner, Ujjain, Division Ujjain whereby the application for stay of her removal from the post of Pradhan of the Administrative Committee has been rejected. As pursuant to the order dtd. 5/10/2020, the Specified Officer and Collector, Ujjain vide its order dtd. 28/11/2020, has also removed the petitioner from the post of Pradhan of the Administrative Committee.

(3.) The case of the appellants is that the respondent/petitioner, who was elected on the post of Surpanch of Gram Panchayat Kharsodkhurd, Badnagar was found guilty of irregularities committed by her in construction of RRC road which was of substandard quality and hence, an amount of Rs.83,175.00 was sought to be recovered from her.