1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1593 of 2013 Bhagwat Prasad Sarve (B.P.Sarve) S/o Shri C.L. Sarve Aged About 59 Years R/o Presently Working As Chief Executive Officer Janpad Panchayat Dongargarh Distt. Rajnandgaon Cg , Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh And Ors. S/o Through Secretary Department Of Panchayat And Rural Development Mahanadi Bhawan Naya Manatralaya Raipur Cg , Chhattisgarh 2 - Collector Janjgir Champa Dist. Janjgir Champa Cg , District : Janjgir-Champa, Chhattisgarh 3 - Chief Executive Officer Janpad Panchayat Nawagarh Distt. Jangir Chapma , District : Janjgir-Champa, Chhattisgarh 4 - Sunita Sahu W/o Shri Ashok Kumar Sarpanch Gram Panchayat Pithampur Block Nawagarh Distt. Janjgir Champa Cg , District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Pawan Shrivastava, Advocate For Respondent Nos. 1, 2 & 4 : Ms. Neeta Tulsani, PL For Respondent No. 3 : Ms. Chetna Sharma, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order On Board 09.07.2025 1. The petitioner has filed this writ petition seeking for the following relief(s); “10.1 That, the Hon'ble Court may kindly be pleased to call the entire records relating to the case of the Petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to issue a Writ in the nature of Mandamus/Certiorari and quash the impugned order dated 16.05.2013 issued by Respondent No. 2 in respect of the petitioner. 102 That, Hon'ble Court may kindly be pleased to stay the operation and effect of the impugned order dated 16.05.2013. HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.08.07 17:26:42 +0530 2 10.4 Any other relief which Hon'ble Court deems fit and proper in the facts and circumstances of the case and cost of the petition.” 2. Learned counsel for the petitioner submits that, by the impugned order dated 16.05.2013 (Annexure P/1), the Collector, District Janjgir-Champa (C.G.), directed the Chief Executive Officer, Janpad Panchayat Nawagarh, District Janjgir-Champa (C.G.), to initiate proceedings for lodging an FIR and to commence recovery proceedings against the delinquent employees in accordance with Clause 7 of the Standard Operating Procedure (SOP) of the Central Government concerning the Mahatma Gandhi Rural Employment Guarantee Scheme. This direction was issued pursuant to certain irregularities detected in the construction of a Gouthan at Village Panchayat Pithampur, Janpad Panchayat Nawagarh. He further submits that as per the impugned order, the Gouthan was to be constructed at Khasra No. 257/1, however, it was constructed at Khasra No. 1457. He submits that seven individuals holding various official positions, as mentioned in Annexure P/1, were held responsible for the said irregularities, and consequently, the impugned order was passed against all of them. He further submits that one of the delinquent employees namely R.P. Sahu who was also subjected to the impugned order (Annexure P/1), preferred WPS No. 1675/2013 before this Court, and vide order dated 24.06.2024, the writ petition was allowed and the impugned order dated 16.05.2013 (Annexure P/1) was quashed, which is the same order impugned in the present petition. 3. The facts of the present case is identical to the facts of the WPS No. 1675/2013, and therefore, this writ petition deserves to be allowed in term of the order dated 24.06.2024 passed in WPS No. 1675/2013. 4. Learned State counsel has not disputed the above proposition. However, Ms. Chetna Shamra counsel for respondent No.3 submits that pursuant to an 3 inquiry, certain irregularities were indeed found, and accordingly, the impugned order Annexure P/1 was passed. 5. Be that as it may, upon a perusal of the record, it appears that the facts of the present case is substantially similar to the facts of WPS No. 1675/2013. Furthermore, the grounds urged in this writ petition are also identical in nature to those raised in the aforesaid writ petition. In view of the submissions made and the parity of facts, this Court is of the considered opinion that the petitioner is entitled to similar relief. 6. Accordingly, this writ petition is allowed, and the impugned order dated 16.05.2013 (Annexure P/1) is hereby quashed, in terms of the order dated 24.06.2024 passed in WPS No. 1675/2013. Sd/- (Sachin Singh Rajput) Judge H.Ansari