IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (C) No. of 2024
Chandrashekhar Sahu & Another …..PETITIONERS
Versus
State Of Chhattisgarh & Others …..RESPONDENTS
INDEX
S.NO PARTICULARS ANNEXURE PAGE
. NOS.
01 Synopsis
02 Writ Petition along with --
Certificate and Affidavit
03 A copy of the relevant P-1
portion of the enquiry
report submitted by the
committee before SDO
04 A copy of the complaint P-2
made by the villages
05 A copy of the order dated P-3
18/07/2022 of the SDO
06 A copy of the letter/notice P-4
issued by the CEO Janpad
Panchayat dated
19/07/2022
07 A copy of the letter/notice P-5
dated 16/08/2022 issued
by CEO Janpad Panchayat
08 Vakalatnama
BILASPUR MANISH NIGAM
DATE -29/8/2024 COUNSEL FOR THE PETITIONERS
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (C) No. of 2024
Chandrashekhar Sahu & Another …..PETITIONERS
Versus
State Of Chhattisgarh & Others …..RESPONDENTS
SYNOPSIS
That the present petition is being filed seeking a direction to
the Respondent Authorities to proceed and take appropriate
action on the complaint made by the petitioner against the
Sarpanch and Secretary of village Jhadikhairi Janpad
panchayat Chhuriya Block Dongargaon District
Rajnandgaon. It is apt to mention here that on the complaint
that contains various allegation of the embezzlement of
huge amount by the Sarpanch, committee of three members
was constituted by the Sub Divisional Officer Dongargaon
District Rajnandgaon vide order dated 18/07/2022. The
committee has conducted the enquiry and submitted the
report wherein the allegations have been found to be true.
The grievance of the petitioner is even after elapse of such a
long time no action has been taken yet against those found
at fault as per law hence the present petition.
CHRONOLOGICAL LIST OF EVENTS
DATES EVENTS
Sub-Divisional Officer constituted a
18/07/2022
committee to inquire into the complaint made
by villagers.
Chief Executive Officer issued a letter/notice
19/07/2022
to the Sarpanch and Secretary.
Chief Executive Officer again issued a
16/08/2022
letter/notice to the Sarpanch and Secretary.
BILASPUR MANISH NIGAM
DATE -29/8/2024 COUNSEL FOR THE PETITIONERS
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (C) No. of 2024
PETITIONER: 1. Chandrashekhar Sahu, S/o Dhiraji
Ram Sahu, Aged about 46 years, R/o
Village Bijaipar, Gram Panchayat
Jhadikheri, Post Bamhanicharbhata
Tehsil Chhuriya, District Rajnandgaon
Chhattisgarh.
2. Basant Kumar, So Ram Singh Aged
about 48 years, R/o Village Bijaipar,
Gram Panchayat Jhadikheri, Post
Bamhanicharbhata Tehsil Chhuriya,
District Rajnandgaon Chhattisgarh.
-Versus-
RESPONDENT 1. State of Chhattisgarh, Through
S Secretary, Department of Panchayat
and Rural Development, Mahanadi
Bhavan, Naya Raipur, District Raipur,
Chhattisgarh. 492002
2. Sub Divisional Officer (Rev.)
Dongargaon, District Rajnandgaon,
Chhattisgarh.
3. Chief Executive Officer, Janpad
Panchayat Chhuriya, District
Rajnandgaon Chhattisgarh.
4. Hemsing Nirmalkar, Sarpanch Gram
Panchayat Jharikheri, District
Rajnandgaon Chhattisgarh, R/o
Village Bijaipar, Gram Panchayat
Jhadikheri, Post Bamhanicharbhata
Tehsil Chhuriya, District Rajnandgaon
Chhattisgarh.
WRIT PETITION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN
THE NATURE OF CERTIORARI, MANDAMUS, DIRECTION
OR DIRECTIONS, ORDER OR ORDERS OR THE LIKE
The petitioners humbly state as under:
1. PARTICULARS OF THE PETITIONERS:
As given in the cause title.
2. PARTICUALRS OF THE RESPONDENTS:
As given in the cause title.
3. PARTICUALRS OF THE ORDER AGAINST WHICH
THE PETITION IS BEING MADE SUBJECT MATTER
IN BRIEF
That the present petition is being filed seeking a
direction to the Respondent Authorities to proceed and
take appropriate action on the complaint made by the
petitioner against the Sarpanch and Secretary of
village Jhadikhairi Janpad panchayat Chhuriya Block
Dongargaon District Rajnandgaon. It is apt to mention
here that on the complaint that contains various
allegation of the embezzlement of huge amount by the
Sarpanch, committee of three members was
constituted by the Sub Divisional Officer Dongargaon
District Rajnandgaon vide order dated 18/07/2022. The
committee has conducted the enquiry and submitted
the report wherein the allegations have been found to
be true. The grievance of the petitioner is even after
elapse of such a long time no action has been taken
yet against those found at fault as per law hence the
present petition. Hence the present petition.
4. WHETHER CAVEAT FILED, IF YES, WHETHER
COPY OF THE PETITION SUPPLIED TO THE
CAVEATOR:
That the petitioners declare that they have not
received any information about filing of caveat by
the respondents.
5. DETAILS OF REMEDIES EXHAUSTED:
The Petitioner declares that, they have availed all the
alternative remedies available and there is no other
equally efficacious remedy available to him except to
approach this Hon’ble Court under Article 226 of the
Constitution of India
6. MATTER NOT PREVIOUSLY FILED OR PENDING
WITH ANY OTHER COURT OF LAW:
Petitioner declares that no petition relating to the
subject matter in the instant Petition is filed nor is
pending before any Court of Law, Authority or Tribunal,
to the best of the information of petitioner.
7. DELAY, IF ANY, IN FILING THE PETITION:
It is humbly submitted by the petitioner that there is
no deliberate delay in preferring the instant petition
before this Hon’ble Court.
8. FACTS OF THE CASE IN BRIEF:
8.1 That, the petitioners are citizens of India having
fundamental rights guaranteed under the provisions of
the Constitution of India and entitled for the protection
of the same and enforcement by issuance of
appropriate writ by this Hon’ble Court in the interest of
justice.
8.2 That few of the villagers including Sundari Bai and
others made a complaint before the Sub Divisional
Officer Dongargaon District Rajnandgaon against the
Sarpanch of Village Jhadikhairi regarding
embezzlement of the amount of 14th and 15th finance.
The complaint was made with the request to inspect
and physically verify the muster roll prepared by the
Sarpanch in respect of amount paid to the laborers and
the bills submitted by the Sarpanch for the expenses
incurred on various heads. A copy of the complaint
made by the villages is being filed herewith as
Annexure P-2.
8.3 That, the complaint was regarding the embezzlement
of the amount by the Sarpanch and secretary alleging
that he mentioned names of such persons in the
muster roll who did not actually work and payments
were made in their name. In the names of traders bills
of exceeding amount were submitted and amount was
paid in collision for construction material of road,
leveling work, stationary, mats, furniture, boring pipe
etc.
8.4 That taking cognizance of the complaint the Sub
Divisional Officer passed order dated 18/07/2022 and
constituted a committee comprising of three members.
These three members were Chief Executive Officer
Janpad Panchayat Chhuriya, Tehsildar Chhuriya and
Assistant internal audit Officer of Janpad Panchayat
Chhuriya. The Committee was directed to enquire into
the complaint and submit report within a period of 7
days from the date of the order. A copy of the order
dated 18/07/2022 of the SDO is being filed herewith as
Annexure P-3.
8.5 That on 19/07/2022 the Chief Executive Officer Janpad
Panchayat Chhuriya issued a letter/notice to the
Sarpanch and Secretary intimating the time of the
enquiry i.e. on 21/07/2022 and time. The notice stated
that the enquiry will be conducted and both Sarpanch
and Secretary were required to be present before the
committee with the relevant documents and records
for perusal and inspection as well as recording of
statements. A copy of the letter/notice issued by the
CEO Janpad Panchayat dated 19/07/2022 is being filed
herewith as Annexure P-4.
8.6 That on 16/08/2022 another letter/notice was issued
for further enquiry on the complaint by the CEO Janpad
Panchayat Chhuriya addressing both Sarpanch and
Secretary. They were given opportunity to be present
before the committee with relevant documents and
records. A copy of the letter/notice dated 16/08/2022
issued by CEO Janpad Panchayat is being filed
herewith as Annexure P-5.
8.7 That during the enquiry the committee had taken on
record all the bills and vouchers which were submitted
and payments were withdrawn by the Sarpanch and
Secretary in respect of the specific works of leveling,
construction and purchase of articles and material for
different purposes. The statement of Sarpanch as well
as the persons aware of the facts were also recorded
by the committee. The spot inspection was done in the
presence of the villagers as well as the Sarpanch and
Secretary and panchnama was prepared.
8.8 That, affording proper opportunity to be heard to the
Sarpanch and Secretary and analyzing the statements
of the villagers and spot inspection the committee
gave point wise finding of the as many as 20
allegations. The reasons for reaching to particular
finding on each allegation was also recorded in detail
by the committee. It is apt to mention here that most
of the allegation in the complaint were found to be true
after the enquiry by the committee and the report was
submitted before Sub Divisional Officer with all the
relevant documents and statements for required
action. A copy of the relevant portion of the enquiry
report submitted by the committee before SDO is
being filed herewith as Annexure P-1.
8.9 That even after elapse of such a long time no action
has been taken further by the Respondent authorities
despite clear findings of embezzlement of huge
amount by the Sarpanch and Secretary which amounts
to forgery and corruption misuse of public fund and
abuse of the position by public servant. Such illegality
committed on the part of the Sarpanch and Secretary
attracts the disciplinary action against them as per the
provisions of the Panchayat Raj Adhiniyam. Authorities
are sitting over the matter and not taking any action
as per law which has constrained the present
petitioners to approach this Hon’ble Court by filing the
present petition on following grounds:
9. GROUNDS
9.1 BECAUSE, on the complaint of the villagers the
Respondent authorities decided to constitute a
committee comprising of three member to enquire
upon the truth of the contents of the complaint.
9.2 BECAUSE, the committee issued proper notices
regarding the date and time of the conduct of the
enquiry proceedings and collected the relevant
documents and recorded the statements of the
Sarpanch as well as the villagers relating to the
allegations in the complaint.
9.3 BECAUSE, proper spot inspection and physical
verification of each fact was done by the committee
leaving alone the possibility of any bias and it ensured
the compliance of the principle of Natural Justice.
9.4 BECAUSE in the point wise detailed fact finding and
analysis of as many as 20 allegations, the complaint
was found to be true and the private respondents have
been found to misuse their position and commission of
illegal and corrupt practices whereby the public funds
have been embezzled by them.
9.5 BECAUSE, after the submission of the enquiry report
wherein the Sarpanch and Secretary have been found
on fault the Respondent authority i.e. Sub Divisional
Officer was supposed to initiate the appropriate
proceedings against the Sarpanch as per the
provisions of Panchayati Raj Adhiniyam. The purpose
of the justice will be served when those found guilty
will be punished and penalty shall be imposed by
recovering from them the amount illegally embezzled
by them. In absence of such action the whole
proceedings is just an eyewash and empty formality.
9.6 BECAUSE, Section 89 of Chhattisgarh Panchayat Raj
Adhiniyam 1993 makes provision for liability of Panch
etc. for loss misappropriation. It provides as follows:-
“89. Liability of Panch etc. for loss, misappropriation-
(1) Every Panch, member, office-bearer, officer or
servant of Panchayat shall be personally liable for loss,
waste or misapplication of any money or other
property of the Panchayat to which he has been a
party or which has been caused by him by misconduct
or gross neglect of his duties. The amount required for
reimbursing such loss, waste, or misapplication shall
be recovered by the prescribed authority:
Provided that no recovery shall be made under this
section unless the person concerned has been given a
reasonable opportunity of being heard.
(2) If the person concerned fails to pay the amount,
such amount shall be recovered as arrears of land
revenue and credited to the funds of the Panchayat
concerned.”
9.7 BECAUSE, Section 88 of Chhattisgarh Panchayat Raj
Adhiniyam, 1993 as follows:-
“88. Inquiry into affairs of Panchayat – The State
Government may, from time to time, cause an inquiry
to be made by any of its officers in regard to any
Panchayat on matters concerning it or to any matter
with respect to which the sanction, approval, consent
or order of the State Government is required by or
under this Act or he rules made thereunder or under
any law for the time being in force.
[Provided that the Collector may cause an inquiry into
the activities of any Gram Panchayat conducted by any
officer not below class II.]
10 RELIEF PRAYED FOR:-
In view of the facts and grounds mentioned above, the
petitioner seeks for the following relief (s) from this
Hon’ble Court:
10.1 That the Hon’ble Court may kindly be pleased to call
for the entire records pertaining to the complaint and
enquiry report submitted before the Sub Divisional
Officer (Rev) Dongargaon District Rajnandgaon,
Chhattisgarh .
10.2 That the Hon’ble Court may be pleased to direct the
Respondent to take appropriate action against the
Sarpanch and Secretary as per the findings of the
enquiry report submitted by the enquiry committee
and conclude the proceedings initiated by the SDO
Dongargaon District Rajnandgaon, Chhattisgarh within
a stipulated time by this Hon’ble Court.
10.3 Any other relief as deemed fit by this Hon’ble Court
may also be granted in favour of the petitioners.
BILASPUR MANISH NIGAM
DATE -29/8/2024 COUNSEL FOR THE PETITIONERS
CERTIFICATE
It is certified that due care has been taken in the case
to comply with the provisions of the Chhattisgarh High Court
Rules.
BILASPUR MANISH NIGAM
DATE -29/8/2024 COUNSEL FOR THE PETITIONERS
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
WRIT PETITION (C) No. of 2024
Chandrashekhar Sahu & Another …..PETITIONERS
Versus
State Of Chhattisgarh & Others …..RESPONDENTS
AFFIDAVIT
I Chandrashekhar Sahu, S/o Dhiraji ram Sahu, Aged about
46 years, R/o Village Bijaipar, Gram Panchayat Jhadikheri,
Post Bamhanicharbhata Tehsil Chhuriya, District
Rajnandgaon Chhattisgarh.do hereby state on oath as
under:-
1] That, I am the petitioner No. 1 in the instant writ
petition and well conversant with the facts of the case.
I am authorized by the petitioner no. 2 to swear this
affidavit in support of the petition.
2] That, the attached Writ Petition, has been drafted on
my instructions and the contents of the petition are
true to my personal knowledge and belief.
3] That the documents attached in the Writ Petition are
true copies of their respective originals and I have not
suppressed any material fact.
DEPONENT
VERIFICATION
I, Chandrashekhar Sahu, above named deponent, do
hereby verify that the contents of the above affidavit from
para 1 to 3 are true to my personal knowledge and belief.
Verified & signed on day of August, 2024 at
Bilaspur (C.G.)
DEPONENT
