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Smt. Uma Bai v. State of Chhattisgarh

Panchayat recovery – Social audit list

Chhattisgarh HC23 Jan 2025WPC/485/2025

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Case brief

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What is this about?

WPC 485/2025, High Court of Chhattisgarh (Bilaspur), Justice Bibhu Datta Guru, order dated 24/01/2025 — recovery from Sarpanch/office-bearer based on social audit list; notice under Section 89 and Section 92, Chhattisgarh Panchayat Raj Adhiniyam, 1993; no hearing at list preparation; writ petition disposed; SDO (Revenue), Mainpur to pass detailed and speaking order after considering petitioner's reply.

What did the court decide?

Writ petition disposed of: petitioner permitted to file reply to the Section 89 notice explaining the alleged irregularities; SDO (Revenue) directed to consider the reply in accordance with Sections 89 and 92 of the Adhiniyam and pass a detailed and speaking order on the alleged recovery. ¶31

Smt. Uma Bai Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who alleges that no opportunity of hearing was afforded to her at the time of preparation of the recovery list following the social audit, is entitled to relief against the notice dated 15/10/2024 (Annexure P/1) and the communication/list dated 03/03/2022 (Annexure P/2), or whether the pending proceeding under Section 89 of the Adhiniyam adequately safeguards her case. +1 more

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Court's answer

The petitioner may file a reply to the notice under Section 89 explaining the irregularities alleged against her, and the SDO is directed to consider the reply in accordance with Sections 89 and 92 of the Adhiniyam and pass a detailed and speaking order regarding the recovery of the amount alleged against her.

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Ratio / Principle

The notice (Annexure P/1) challenged by the petitioner is only a notice under Section 89 of the Adhiniyam, and the petitioner will get an opportunity of hearing to explain about the irregularities and the recovery sought from her.

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Key takeaways

As per the statement of learned State counsel (adopted by the Court), the proceeding under Section 89 has been drawn against the petitioner, and the final decision on the recovery has to be passed by the SDO (Revenue).ratio¶30

Detailed headnote1 paragraphs

Panchayat recovery — Social audit list — Petitioner (Gram Panchayat office-bearer) challenged SDO (Revenue)'s notice dated 15/10/2024 under Section 89 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 and the CEO Janpad Panchayat's communication/list dated 03/03/2022 intimating recovery from various Sarpanch on the basis of social audit findings; grievance of no hearing at list-preparation stage — Held, Annexure P/1 is only a Section 89 notice and the petitioner will get opportunity of hearing; proceeding under Section 89 stands drawn and final decision rests with the SDO (Revenue) — Petition disposed of with liberty to file reply to the Section 89 notice; SDO directed to consider it under Sections 89 and 92 of the Adhiniyam and pass a detailed and speaking order on the recovery.

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2025:CGHC:4368

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 485 of 2025

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1 - Smt. Uma Bai W/o Bhimadhar Aged About 50 Years R/o Village Chholdongri, Tahsil - Amlipadar, District - Gariyaband (C.G.).

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur (C.G.).

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2 - The Collector, Gariyaband, District - Gariyaband (C.G.).

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3 - The Chief Executive Officer, Zila Panchayat, Gariyaband, District Gariyaband (C.G.).

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4 - The Sub - Divisional Officer (Revenue), Mainpur, District - Gariyaband (C.G.).

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5 - The Chief Executive Officer, Janpad Panchayat, Mainpur, District Gariyaband (C.G.).

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... Respondents

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(Cause title is	taken from Case Information System)
For Petitioner	: Ms. Geetanjali Pandey, Advocate
For Respondents/State	: Mr. Rishabh Bisen, Panel Lawyer

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)

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Order on Board

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24/01/2025

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By the present writ petition, the petitioner is questioning the notice dated 15/10/2024 (Annexure P/1) issued by respondent No.4/ Sub-Divisional Officer (Revenue), Mainpur, District Gariyaband as well as the communication/list dated 03/03/2022 (Annexure P/2) issued by respondent No.5/ Chief Executive Officer, Janpad Panchayat, Mainpur, District Gariyaband to the SDO (Revenue) intimating him that as per social audit conducted by the audit team, the recovery has to be made from various Sarpanch of Gram Panchayats including the petitioner alleging that the petitioner was working as Office bearer/Panch of the Panchayat has committed irregularities during his tenure in the said Panchayat.

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Learned counsel appearing for the petitioner submits that on the basis of the list issued by the CEO, notice was issued to the petitioner by SDO for recovery of the alleged amount from her. At the time of preparation of the list of recovery of the amount, no opportunity of hearing was afforded to the petitioner.

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Learned counsel appearing for the State submits that as per the list/communication (Annexure P/2) given to the SDO (Revenue) by the CEO, Janpad Panchayat, Mainpur an intimation has been given for recovery of amount from various Office bearers of the Gram Panchayats on the basis of the social audit conducted by the audit team where several irregularities were found when the Office bearers/Panchs were working in the Gram Panchayats. He

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further submits that after receipt of the communication by the CEO, the SDO (Revenue) has drawn a proceeding under Section 89 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short, “the Adhiniyam”) and notice has been issued under Section 92 of the Adhiniyam to the petitioner as well as the other Panchs or Office bearers of the Gram Panchayats. He would argue that there is a provision under Section 89 that before passing any order of recovery, proper opportunity of hearing has to be afforded to the office bearers of the Gram Panchayats, accordingly the show cause notice has been issued under the said provision to provide opportunity of hearing to the Office bearers and to observe the principles of natural justice before passing any order in the list communicated by the CEO.

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I have heard learned counsel for the parties and perused the documents.

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Perusal of the pleadings would show that the CEO has sent a communication to the SDO for recovery of amount from various office bearers/Sarpanch of Gram Panchayats, as per the social audit conducted by the audit team. The SDO, in pursuance to the said communication/list provided by the CEO, has drawn proceeding under Section 89 and issued notice to the petitioner to explain how the amount as stated by the audit team as well as the CEO would not be recovered from them.

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It appears from the notice (Annexure P/1) which is under Challenge by the petitioner is only a notice as per the provision under Section 89 of the Adhiniyam and the petitioner will get

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opportunity of hearing to explain about the irregularities and recovery sought from her.

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As per the statement of the learned State counsel that the proceeding under Section 89 has been drawn against the petitioner, the final decision has to be passed by the SDO (Revenue).

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In view of the above, this writ petition is disposed of. The petitioner may file reply to the notice under Section 89 and explain the irregularities alleged against her and the SDO is directed to consider the same in accordance with the provisions under Section 89 and 92 of the Adhiniyam and pass a detailed and speaking order regarding the recovery of the amount alleged against the petitioner.

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Sd/- (BIBHU DATTA GURU) JUDGE

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$. Bhilwar

Smt. Uma Bai v. State of Chhattisgarh

Case brief

What is this about?

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Smt. Uma Bai v. State of Chhattisgarh

Case brief

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