Dashrath Kishpotta And Ors vs State Of Chhattisgarh And Ors

Sanjay K. Agrawal, J

Heard.

Learned counsel for the petitioners submits that the Ombudsman under the MANREGA scheme has passed the order impugned without giving opportunity of hearing and without noticing and as such, the findings recoded by the Ombudsman are in breach of the principles of natural justice, it cannot be sustained in the light of the fact that the order of recovery as well as recommendation for penal action are not in accordance with law.

Learned counsel for respondent No.8 and learned State counsel would support the impugned order.

It is the categorical case of the petitioners that no show cause notice was issued to them and without giving opportunity of hearing in violation of the principles of natural justice findings have been recorded which has civil consequence, therefore, opportunity of hearing ought to have been granted to the petitioners before recording the findings. Accordingly, the impugned order is set aside and the case is remitted back to the Ombudsman for hearing and disposal in accordance with law after giving opportunity to the petitioners to file objection.

The writ petition stands finally disposed of. No order as to cost(s).