Panchayat was not given to the petitioner concerned. He would further submit that as the present petitioners are the functionaries of MGNREGA Scheme, so without their presence, any such meeting was not possible. He would further submit that the Social Audit which has been cohered in the Rules 2015 is itself inherent and complied the provision of the natural justice. So, no separate notice was required to be issued. He would submit that under Rule 10, the procedure of Cluster Level Exit Conference was stipulated and in the said conference, the petitioners, who are the official functionaries are bound to address each of the issues identified in the Social Audit. In the Social Audit, the same has been identified and a decision was taken that for the forged vouchers an opportunity may be given. Thereafter, in the Cluster Level Exit Conference, as per the statutory rules, a decision was taken that a recovery has to be made from the concerned Sarpanch/Secretary, Technical Assistant and Employment Assistant. In pursuance of the same, recovery order (Ex-P/ 1) was issued. So there is no breach of any fair enquiry and the decision was taken after complying with the statutory rules. Petitioner cannot take the ground that no enquiry has been made and no show cause notice has been issued because such provision is embedded in the Rules 2015 itself. Accordingly, this Petition bereft of any substance or merit is liable to be dismissed.
