KAILASH BABU RAI Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner was appointed as Panchayat Karmi of Gram Panchayat, Manpur, District Raisen. He was also notified as Secretary of the Gram Panchayat. A complaint was made on 16.6.1999 against the Sarpanch and the Secretary of the Gram Panchayat by one Parmo Bai widow of Halke, alleging that they have pocketed the amount of 'Nirashrit Pension Yozna' allotted to her in the year 1995. Proceedings were initiated by the Sub Divisional Officer, Raisen, and the preliminary enquiry was made by the Chief Executive Officer of Janpad Panchayat Sanchi. Sarpanch and Secretary were served with show cause notices. In reply, the Sarpanch stated that the amount of Nirashrit Pension was diverted to another candidate because the complainant had lost her entitlement on account of leaving the Panchayat area and performing second marriage. A resolution to this effect was passed by the Gram Panchayat. Sarpanch also submitted his affidavit stating therein that the petitioner was not at fault at all as he being the Secretary of Gram Panchayat, took action under the directions of the Sarpanch in accordance with the resolution which is on record as Annx.P/7. Copy of the affidavit is on record as Annx.P/8. Petitioner submitted the reply and stated that he acted according to the directions of the Sarpanch as well as the resolution passed by the general body of the Gram Panchayat. Copy of the reply is on record as Anx.P/9.

(2.) After enquiry, the Sub Divisional Officer Raisen, removed the petitioner from the post of Panchayat Karmi (Secretary) vide order Annx,P/1 dated 24.8.1999. Appeal and revision were preferred before the Upper Collector Raisen and Commissioner Bhopal and Hoshangabad division which, too, have been dismissed on 8.11.1999 (Annexure P-2) and 8.5.2000 (P/3) respectively. This petition has been preferred challenging Annx,P/1, Annx.P/2 and Annx.P/3 on the ground that the petitioner being the Secretary of Gram Panchayat is bound to obey the orders of Sarpanch and the Gram Panchayat. The complainant having lost her entitlement on account of shifting to another Gram Panchayat area and further performing the second marriage was rightly not paid the Nirashrit Pension.

(3.) In the return, respondent No.1 stated that while discharging the duties as Secretary of Gram Panchayat he was supposed to act in honest, fair and responsible manner. On receiving the complaint, an enquiry was made by the Sub Divisional Officer Raisen, through the Chief Executive Officer, Janpad Panchayat Sanchi. It was found that the pension was being disbursed to Smt. Parmo Bai, widow of Late Shri Karan Singh and was not being disbursed to Parmo Bai, widow of Halke, who was the actual beneficiary and for whom the pension was sanctioned. Copy of the report of Chief Executive Officer is on record as Annx.R/2. If, the actual beneficiary of the pension was not available, the amount of pension ought to have been refunded to the Janpad Panchayat Sanchi. Even if, Parmo Bai widow of Karan Singh was found entitled to receive the pension amount under Nirashrit Pension Yozna, a separate course of action ought to have been resorted to get the pension sanctioned in her name. Thus, the Sarpanch of Gram panchayat as well as the petitioner misappropriated the Government money by disbursing it to an unauthorised person. Thus, the petitioner is rightly found responsible and is being removed accordingly. Order of removal was rightly passed by the Sub Divisional Officer, which has already been confirmed by the Additional Collector as well as the Commissioner.