SHARMILA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have filed the present petition being aggrieved by notice dtd. 27/2/203 whereby they have been directed to deposit Rs.62,67,205.00failing which the proceedings u/s. 89 of the Panchayat Raj Evam Gram Swaraj Adhiniyam shall be initiated against them. Sec. 89 of the Panchayat Raj Evam Gram Swaraj Adhiniyam is reproduced below :

(2.) It is clear from the aforesaid provision that any recovery can be made from the office-bearer or employee of the Panchayat only after adjudication u/s. 89 of the Act, therefore, the impugned composite notice is not sustainable. On one hand, the petitioners have been directed to deposit the amount and on the other hand, they have been given the threat of facing proceedings u/s. 89 of the Act if they fail to deposit the said amount. The impugned notice has been issued on the basis of the report submitted which is an ex-parte report. In view of the above, the impugned notice dtd. 27/2/2023 is hereby quashed. Let an inquiry be conducted u/s. 89 of the Act to ascertain the amount.