LAKHAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Regard being had to the similitude of the controversy, both the matters are being heard analogously and decided by this common order. For convenience sake, facts of writ petition No.5424/2024 are taken into consideration

(2.) The present petition under Article 226 of the Constitution has been preferred by the petitioners seeking following reliefs:-

(3.) Precisely stated facts of the case are that petitioner (In W.P. No.5424/2024) is holding the post of Panchayat Secretary and petitioner (In W.P. No.4521/2024) is holding the post of Sarpanch and both were posted at Gram Panchayat Dhobat, Janpad Panchayat Bhitarwar, District Gwalior w.e.f. 2024 at the relevant point of time. In the year 2021, an inquiry was conducted against the petitioners based upon certain complaints filed. In the said inquiry, misappropriation of funds and corruption was found. It was found that recovery of certain amount is required to be made against the petitioners. On the basis of aforesaid, notice dtd. 15/3/2021 was issued to the petitioner (In W.P. No.5424/2024) by Chief Executive Officer, Zila Panchayat Gwalior purportedly under the Madhya Pradesh Panchayat Sewa (Discipline and Control) Rules 2011 and revised Rules, 2017. Chief Executive Officer, Zila Panchayat vide order dtd. 15/3/2021 (Annexure P/3 in W.P. No.4521/2024) gave show cause notice to the petitioner (In W.P. No.4521/2024) purportedly under the provisions of Adhiniyam 1993 and directed him to give reply. Petitioners replied the aforesaid notices by way of filing of reply dtd. 26/3/2021 (Annexure P/4) and dtd. 26/8/2022 (Annexure P/6 attached with W.P. No.4521/2024). In reply, petitioners admitted their guilt /misconduct and informed the authority that they have already deposited Rs.40,000.00 each in the Nodal A/c No.3092514 of Zila Panchayat and prayed for depositing the remaining part in installments. Thereafter, it appears that another notice dtd. 15/6/2022 was issued to the petitioners purportedly under Sec. 92 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred as 'Adhiniyam, 1993'). In the said show cause notice, reference of an inquiry report was referred, which was a four member committee, which inquired and thereafter came to a conclusion about alleged misconduct of petitioners. Thereafter, petitioners appeared in the proceedings and submitted their reply. After submission of reply, hearing was conducted and thereafter impugned order dtd. 15/2/2024 (Annexure P/1) has been passed, therefore, petition has been preferred.