SAGAR MAL JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners are aggrieved against the orders dt. 3.4.2012 and 15.12.2011 wherein a recovery of Rs. 79,153/- and Rs. 3,22,394/- respectively is to be made from them. It is submitted that petitioners, while working on the post of Gram Sevak-cum-Paden Sachiv had to undertake work under National Rural Employment Guarantee Act, 2005 (for short 'NREGA') in Gram Panchayat, Khanpur, Panchayat Samiti, Nainwa, District Bundi. A special audit and physical verification of the work was undertaken on the instruction of District Collector-cum-District Programme Coordinator, District Bundi. The special audit and physical verification was made pursuant to the direction of the State Government as certain irregularities were shown therein, thus petitioners have been asked to pay amount shown in the impugned order dt. 3.4.2012.

(2.) Learned counsel for petitioners submits that impugned order has been passed in violation of principles of natural justice as without providing an opportunity of hearing, amount is shown recoverable from petitioners. It is apart from the fact that special audit and physical verification of the work undertaken in NREGA was without a notice to petitioners. Accordingly, impugned order deserves to be set aside on the aforesaid ground alone.

(3.) The other argument is in reference to Sec. 17 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (for short 'the Act of 2005'). Referring to Sec. 17 of the Act of 2005, it is submitted that social audit can be conducted only in terms of the Act 2005. Thus, direction of the State Government for special audit through Collectors-cum-District Programme Coordinators becomes illegal. The State Government or its agencies are not empowered to undertake special audit or physical verification, thus special audit at the instance of the Collector, Bundi becomes illegal.