High Court Of ChhattisgarhWPC/981/2018allowed

D.K. Soni v. State Of Chhattisgarh

2018-10-08Hon'Ble Shri Justice Prashant Kumar Mishra6 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 981 of 2018 • D.K. Soni, S/o Late Ramji Prasad Soni, Aged About 40 Years, R/o Navapara, Tahsil Ambikapur, District Surguja, Chhattisgarh Development Department, Mahandi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. Chandrabhan Kumar, Assistant Engineer, Gramin Yantriki Seva, Division 1, Ambikapur, District- Surguja, Chhattisgarh

3. Collector, Surguja, District- Surguja, Chhattisgarh Scheme (MANREGA) Raipur, Chhattisgarh WPC No. 650 of 2018 Navapara , Tahsil Ambikapur District Surguja Chhattisgarh

2. R. N. Chobey, Sub Divisional Officer, Gramin Yantriki Seva Division 1, Ambikapur District Surguja Chhattisgarh

3. Collector, Surguja District Surguja Chhattisgarh WPC No. 983 of 2018 • D.K. Soni S/o Late Ramji Prasad Soni Aged About 40 Years R/o Navapara , Tahsil Ambikapur District Surguja Chhattisgarh

1. State Of Chhattisgarh Through Secretary Panchayat And Rural

2. Akhilesh Rathor, Assistant Engineer, Gramin Yantriki Seva, Division 1, Ambikapur , District Surguja Chhattisgarh

4. Lokpal, Mahatma Gandhi National Rural Employment Guaranty Scheme (MANREGA) Raipur, Chhattisgarh WPC No. 985 of 2018 Navapara, Tahsil Ambikapur, District Surguja Chhattisgarh., District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. J.S. Paykara, Deputy Engineer, Gramin Yantriki Seva, Division 1,

3. Collector, Surguja, District Surguja, Chhattisgarh WPC No. 986 of 2018

District Raipur Chhattisgarh

2. T.S. Gill, Assistant Engineer, Gramin Yantriki Seva, Division 1

3. Collector Surguja, District Surguja Chhattisgarh WPC No. 1644 of 2018 • D.K.Soni S/o. Late Ramji Prasad Soni, Aged About 40 Years R/o.

1. Akhilesh Rathoor Assistant Engineer, Gramin Yantriki Seva, Division 1, Ambikapur, District Surguja Chhattisgarh

2. State Of Chhattisgarh, Through Secretary, Panchayat and Rural District Raipur Chhattisgarh

4. Lokpal, Mahatma Gandhi National Rural Employment Guaranty WPC No. 1645 of 2018 • D.K.Soni S/o Late Ramji Prasad Soni, Aged About 40 Years R/o Nava Para, Tahsil - Ambikapur, District Surguja Chhattisgarh

1. R.N.Chobey, Sub Divisional Officer, Gramin Yantriki Seva, Division 1, Ambikapur, District Surguja Chhattisgarh

2. State Of Chhattisgarh, Through Secretary, Panchayat and Rural District Raipur Chhattisgarh WPC No. 1647 of 2018

1. T.S. Gill Assistant Engineer, Gramin Yantriki Seva, Division 1,

2. State Of Chhattisgarh, Through Secretary, Panchayat And Rural District Raipur Chhattisgarh Scheme (MANREGA), Raipur Chhattisgarh WPC No. 1648 of 2018 • D.K.Soni S/o Late Ramji Prasad Soni Aged About 40 Years R/o Nava Para, Tahsil Ambikapur , District Surguja Chhattisgarh

1. J. S. Paykara Deputy Engineer, Gramin Yantriki Seva Division 1, Ambikapur District Surguja Chhattisgarh

2. State Of Chhattisgarh, Through Secretary, Panchyat and Rural

3. Collector, Surguja, District Surguja, Chhattisgarh

4. Lokpal Mahatma Gandhi National Rural Employment Guraranty ---- Respondents For Petitioner Shri Vikram Dixit, Advocate For Respondent-State Mr. Astha Shukla, PL For Respondent No.2 in Shri Amit Buxy, Advocate WPC No.986/2018 Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 08/10/2018 1.

Petitioner lodged complaint with the Lokpal under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) against the engineers and officers, who were responsible and were supervising construction of stopdam at Champanala, Gram Panchayat Podikhurd, District Surguja and bridge in Village Panchayat Kuberpur, District Surguja. In the order passed by the Lokpal on 07.09.2017 (Annexure-P-4), the cause title is written as D. K. Soni, Advocate and RTI Activist vs Executive Engineer, RES Division -1, Ambikapur and other officers. Thus, officers against whom the Lokpal eventually passed an order of recovery were not heard individually nor they were made party to the proceedings before the Lokpal. 2.

As a matter of fact, the officers namely, R. N. Choubey, Executive Engineer, Akhilesh Rathore, Assistant Engineer, G. R. Paikra, Sub Engineer, K. D. Banoudhe, Executive Engineer,

Chandrabhan Kumar, Assistant Engineer, P. C. Thakre, Assistant Engineer and T. S. Gil, Assistant Engineer preferred separate appeal before the Appellate Authority (MGNREGA). The said Appellate Authority has allowed the appeal preferred by the officers vide the impugned order, however, on this ocasion, according to the petitioner, he was neither noticed nor provided any opportunity of hearing by the Appellate Authority. 3.

It appears, before the Lokpal, the officers were not heard individually and before the Appellate Authority, the petitioner was not heard, therefore, in order to hear both the parties before passing final order by the Lokpal, the matter is remitted back to the Lokpal for decision afresh in the matter after providing opportunity of hearing including personal hearing to both the parties. Both the impugned orders passed by the Lokpal as well as by the Appellate Authority are set aside.

The writ petitions stand allowed to the extent indicated above. Sd/- Prashant Kumar Mishra Judge Nirala