GUDDI BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 30/8/2019 passed under Section 92 of the M.P. Panchayat Raj Awam Gram Swaraj, Adhiniyam, 1993 (in short "Adhiniyam").

(2.) It is submitted by the counsel for the petitioners that a show- cause notice dated 23/10/2018 was issued to the petitioners under Section 92 of the Adhiniyam for recovery of Rs.1,44,000/-. The show-cause notice was duly replied by the petitioners, however, without conducting any enquiry, the impugned order has been passed. Challenging the order dated 30/8/2019, it is submitted by the Counsel for the petitioners, that the respondents have already taken a final decision, which is bad because the provision of Section 92 of Adhiniyam, is merely an execution provision, and unless and until, an enquiry is conducted under Section 89 of Adhiniyam, no action can be taken against the petitioners. To buttress his contentions, the Counsel for the petitioners has relied upon the judgments passed by this Court in the case of Sumitra Dhurve Vs. State of M.P. reported in 2016(3) MPWN 83 and Kadam Singh Vs. CEO & others reported in 2019(1) MPLJ 420.

(3.) Per contra, it is submitted by the Counsel for the State that the letter dated 30/8/2019 is not a final order, but it is merely a show cause notice and no action under Section 92 of Adhiniyam would be taken unless and until, an enquiry is conducted under Section 89 of Adhiniyam.