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Madhya Pradesh High Court · body

2013 DIGILAW 705 (MP)

Kusuma Yadav v. State of M. P.

2013-06-25

S.K.Gangele

body2013
ORDER 1. The petitioner has filed this petition against the order dated 19.9.2012 (Annexure P-1). 2. By the aforesaid order, the Chief Executive Officer, Zila Panchayat Datia, District Bhind has authorized Up Sarapanch of Gram Panchayat to operate bank accounts of Gram Panchayat for the purpose of payment of wages to the labourers working under the Scheme named as “Mahatma Gandhi National Rural Employment Guarantee Act’’ [in short “MNREGA’]. It is mentioned in the order that for the last 5- 6 months the payments of wages have not been made to the workers engaged under ‘’MNREGA’’. Hence, the payment of Gram Panchayat has been adversely affected. 3. The petitioner is an elected Sarapanch of Gram Panchayat. It is pleaded by the petitioner in the petition that the Secretary of Gram Panchayat has affiliation with ruling political party and on his instance, the order has been passed. 4. In the return filed by the respondents No. 1 to 3- State, it is pleaded that there were complaints against the petitioner in regard to non-payment of wages to the workers under ‘’MNREGA’’. A show-cause notice was issued to the petitioner. Even proceedings under section 40 of M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 have also been initiated. Because the wages were not paid to the workers and the petitioner refused to sign the cheques, hence, the order has been passed. 5. Section 40 of the said M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam prescribes removal of office bearers of the Panchayat by the prescribed authority. 6. Learned Government Advocate for the State failed to produce before this Court the relevant provisions of aforesaid Adhiniyam under which an action can be taken against the Sarapanch in regard to withdrawal of financial powers. 7. It is submitted by learned Government Advocate that in pursuance to the circular issued by the Government the financial powers had been given to Up Sarapanch in regard to payment of wages to the workers under “MNREGA”. However, in the circular filed by the respondent No.5 along-with the return as Annexure R-5/1, it is mentioned that if the Sarapanch is absent then under temporary arrangement Up Sarapanch could be authorized to conduct daily work of the Panchayat. If there were serious allegations against the petitioner, then the authorities can take action against him under section 40 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam. 8. If there were serious allegations against the petitioner, then the authorities can take action against him under section 40 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam. 8. In the impugned order passed by the Chief Executive Officer, it has not been mentioned that what amount of wages was due in regard to payment of workers engaged under “MNREGA”. There are allegations and counter-allegations. If the payment of wages has not been made to the workers engaged under “MNREGA”, then it is a serious question. In that circumstance, it was obligatory on the part of the Collector to take action against the petitioner, however, that course has not been adopted. 9. In this view of the matter, this writ petition is disposed of with the following directions:- (I)That, the impugned order Annexure P/1 is hereby quashed. (II)That, the respondent No.1 shall conduct an enquiry in regard to affairs of the Gram Panchayat through his authorized representative not below the rank of Additional Director and then find out who is responsible for the lapses. (III)That, the enquiry be conducted in an impartial manner without influencing by any person within a period of fours weeks from the date of receipt of certified copy of this order. (IV)That, the petitioner is also at liberty to put forth his case before the authority and he shall cooperate in regard to payment of wages to the workers who were engaged under “MNREGA”. (V)That, the Collector shall take appropriate action against the petitioner if the petitioner refuses to sign the cheque or documents for the purpose of payment of wages to the workers engaged under “MNREGA’’. 10. With the aforesaid directions, the writ petition stands disposed of. No order as to costs.