ROSHAN NARGAVE Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner No.1 who is the Secretary of Gram Panchayat, Dhamnai and petitioner No.2 who is the Ex-Sarpanch of Gram Panchayat, Bomya approached this Court being aggrieved by the order dated 8.10.2015 passed by S.D.O (Revenue), the Prescribed Authority, Badwani by which petitioners have been directed to deposit the amount of Rs.3.79 lacs within thirty days. The aforesaid order was passed under section 92 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Panchayat Act').

(2.) That it has been alleged against the petitioners that during their tenure the work of construction of toilets were awarded to the Panchayat and during this tenure while working as Sarpanch and Secretary they did not construct 100 toilets for which an amount of Rs.4,60,000/- was sanctioned. It is alleged that while working as Sarpanch and Secretary they withdrew an amount of Rs.3.79 lacs. They were required to be utilized for constructing 82 toilets at the rate of Rs.4600/- which they did not construct. The Chief Executive Officer, Zila Panchayat has constituted an inspection committee which has submitted its report and on the basis of the said report the S.D.O issued a notice dated 15.12.2014 to the petitioners directing them to deposit the said amount i.e. Rs.3.79 lacs, failing which the same shall be recovered under the provisions of Section 92 of the Panchayat Act.

(3.) Pursuant to the aforesaid notice petitioners approached before the S.D.O and filed the reply. Respondents have filed the entire note sheet of the proceedings before the S.D.O. Vide order dated 23.12.2014 petitioners appeared before the S.D.O and denied the allegation and demanded the ex-parte enquiry report which is evident from Annexure P/3. Vide order dated 19.01.2015 the S.D.O has directed the Executive Engineer (R.E.S), Badwani to submit the valuation report. The said report was received on 8.10.2015 and the S.D.O has closed the case for orders and vide order dated 8.10.2015 petitioners were directed to deposit the amount within 30 days, failing which they would be sent to civil jail, hence the present petition.