W.P. No.4929/2010 3.5.2010
Shri D.K. Melani, Advocate for the petitioner.
Heard on admission.
In this petition under Article 226 of the Constitution of
India, the petitioner is challenging the recovery proceeding
pending before the Tahsildar, Khairlanji, Distt. Balaghat vide
Revenue Case No.09A-76/ year 2009-10 on the ground that
under sub-section (4) of Section 92 of M.P.Panchayat Raj Avam
Gram Swaraj Adhiniyam, 1993 no action under sub-sections (1),
(2) and (3) of Section 92 can be taken without issuing any show
cause notice to the petitioner.
It is not in dispute that earlier the petitioner was working as
Secretary, Gram Panchayat, Khairlonji of District Balaghat.
Some irregularities were committed by the petitioner and,
therefore, action has been taken against him and he has been
de-notified under Section 69 of the M.P. Panchayat Raj Avam
GramSwaraj Adhiniyam, 1993. Thereafter enquiry was held and
as per enquiry report dated 3/12/2008, the prescribed officer
recommended for recovering the amount of Rs.10,36,229/-
misappropriated by the petitioner. On the basis of the said
enquiry report, action has been taken against the petitioner for
recovery of the said amount and demand notice has been issued
under Section 146 of M.P. Land Revenue Code, 1959 which is at
page-11 of this petition.
As per order dated 22/3/2010 passed by Tahsildar,
Khairlonji, Distt. Balaghat, in Case No.09/2009-10/A-76, learned
Tahsildar issued show cause notice to the petitioner and fixed
the case for 29/3/2010 as is evident from Annexure-P/1. The
petitioner can raise all his grievances before Tahsildar,
Khairlanji,Distt. Balaghat by filing his reply to the show cause
notice issued in Form-‘A’ which is pending before the Tahsildar,
Khairlanji, Distt. Balaghat, at this stage, when the proceeding is
pending before the Tahsildar, no case for quashing the
proceeding pending before the Tahsildar, Khairlanji, Distt.
Balaghat, as prayed by the petitioner, is made out.
With the aforesaid, the writ petition filed by the petitioner
has no merit and is, accordingly, dismissed.
(P.K.JAISWAL)
JUDGE