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Judgment
Vivek Rusia, J
The petitioners have filed the present petition being aggrieved by notice dated 27.2.203 whereby they have been directed to deposit Rs.62,67,205/-failing which the proceedings u/s. 89 of the Panchayat Raj Evam Gram Swaraj Adhiniyam shall be initiated against them.
Section 89 of the Panchayat Raj Evam Gram Swaraj Adhiniyam is reproduced below :
"89. Liability of Panch etc. for loss, misappropriation. - (1) Every Panch, member, office-bearer, officer or servant of Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti] [or Committee of Gram Sabha] shall he personally liable for loss, waste or misapplication of any money or other property of the Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti] [or Committee of Gram Sabha] 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 he recovered as arrears of land revenue and credited to the funds of the Panchayat [or Gram Nirman Samiti and Gram Vikas Samiti] [or Committee of Gram Sabha] concerned"
It is clear from the aforesaid provision that any recovery can be made from the office-bearer or employee of the Panchayat only after adjudication u/s. 89 of the Act, therefore, the impugned composite notice is not sustainable. On one hand, the petitioners have been directed to deposit the amount and on the other hand, they have been given the threat of facing proceedings u/s. 89 of the Act if they fail to deposit the said amount. The impugned notice has been issued on the basis of the report submitted which is an ex-parte report.
In view of the above, the impugned notice dated 27.2.2023 is hereby quashed. Let an inquiry be conducted u/s. 89 of the Act to ascertain the amount.