BHAG SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of this petition, the petitioner has inter alia prayed for the following relief:-

(2.) Brief facts necessary for adjudication of the present petition are that petitioner No.1 was an elected representative of Zila Parishad, Kangra from the year 2005 to the year 2010. A scheme wasintroduced by the Government of India, under the nomenclatures of MNREGA. A Participatory Committee was to be constituted for the purpose of execution of the work to be undertaken by MNREGA. Petitioner No.1 was appointed as the president of the Participatory Committee, whereas petitioners No.2 to 6 were appointed as members of the said Committee. The project assigned to the said Committee was for execution of the work of construction of Kuhal from Bahanur Khad to the house of one Shri Ram Saran, in Ward No.1, Gram Panchayat, Jassour, Tehsil and District Kangra, H.P. The work is stated to have been completed in June, 2010 and payment etc. thereafter, stood released to the respective parties.

(3.) It appears that a complaint was filed by respondent No.5 with regard to certain alleged illegalities committed by the Participatory Committee in the course of the execution of the said work. This complaint was enquired into by respondent No.3 i.e. Ombudsman (MNREGA). Pursuant thereto, an award was announced by Ombudsman (MNREGA), dated 9.3.2012 and on the basis of the award so passed by respondent No.3, dated 9.3.2012 (Annexure P-1), respondent No.2 passed order dated 6.8.2012 (Annexure P-7), ordering recovery of an amount of Rs.1,72,198/- from the present petitioners and also imposing fine upon them. Feeling aggrieved, the petitioners have filed this petition.