1 2025:CGHC:37777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5014 of 2021 * - Santosh Patle S/o Sabad Ram Patle, Aged About 45 Years Presently Working As Secretary Gram Panchayat Birgahni (B), R/o Village Bhilai, Post Dongri Police Station - Baloda, Tahsil Baloda, District : Janjgir-Champa, Chhattisgarh --- Petitioner Versus 1 - State Of Chhattisgarh Through - The Secretary, Panchayat And Rural Development, Mantralaya Mahanadi Bhawan, Police Station And Post - Rakhi, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - The Deputy Director, Panchayat, District : Janjgir-Champa, Chhattisgarh 3 - The Chief Executive Officer, Janpad Panchayat, Baloda, District : Janjgir- Champa, Chhattisgarh 4 - Saurabh Singh, Presently Working As Member Of Legislative Assembly (M L A), Akaltara, District : Janjgir-Champa, Chhattisgarh --- Respondents And WPS No. 5154 of 2021 * - Santosh Patle S/o Sabad Ram Patle, Aged About 45 Years Presently Working As Secretary Gram Panchayat Birgahni (B), R/o Village Bhilai, Post Dongri Police Station Baloda, Tahsil Baloda, District : Janjgir-Champa, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development, Mantralaya Mahanadi Bhawan, Police Station And Post Rakhi, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - The Deputy Director, Panchayat, District : Janjgir-Champa, Chhattisgarh 3 - The Chief Executive Officer, Janpad Panchayat, Baloda, District : Janjgir- Champa, Chhattisgarh 4 - Shantanu Kumar Sande S/o Late Shri Mohitram Sande, Aged About 36 Years Presently Working As Sarpanch In Gram Panchayat Birgahani (B) R/o Village Birgahani, (Baloda) Police Station Baloda, Tahsil Baloda, District : Janjgir-Champa, Chhattisgarh --- Respondents Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.05 19:55:06 +0530 2 For Petitioner : Mr. Ajay Kumar Chandra, Advocate For Respondents/State For Private Respondents : : Ms. Shailja Shukla, Deputy Government Advocate None Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 31/07/2025 1. Petitioner Santosh Patle then the Secretary of Gram Panchayat Baksara, Janpad Panchayat Baloda, District Janjgir-Champa has challenged the show cause notices dated 24.03.2021 & 28.07.2021 issued by the Chief Executive Officer/respondent No.3 and the Deputy Director/respondent No. 2 on the ground that despite completion of the construction work, recovery notices were issued against the Secretary and Sarpanch, Gram Panchayat Baksara. 2. Learned counsel appearing for the petitioner would submit that interim orders were passed in favour of the petitioner on 20.09.2021 in WPS No. 5014/2021 and 23.09.2021 in WPS No. 5154/2021. He would contend that the petitioner is low paid employee and orders of recovery to the tune of Rs.23,18,400/- and Rs.27,42,900/- were issued against him without holding any inquiry and without affording opportunity of hearing. He would pray to quash both the notices. 3. On the other hand, learned Deputy Government Advocate appearing for the State would oppose. She would submit that the show cause notices have been issued to the petitioner and 07 days time was granted to file reply. She would submit that instead of filing reply to show cause notices, the petitioner preferred these writ petitions. She would contend that the petitions deserve to be dismissed. 3 4. I have heard learned counsels for the parties and perused the documents. 5. Perusal of the notices would show that the authority concerned has assessed the recoverable amount, but no recovery order has been passed. The petitioner was afforded 07 days time to file reply to show cause notices dated 24.03.2021 & 28.07.2021. It appears that the petitioner has not filed reply to show cause notices dated 24.03.2021 & 28.07.2021 and approached this Court directly. The petitioner may apprise the authority concerned by filing reply of both the show cause notices. The petitioner would be at liberty to challenge the outcome of inquiry which is being conducted by respondent No. 2 – Deputy Director /respondent No. 3 – Chief Executive Officer. 6. Taking into consideration the above discussed facts, both the petitions are disposed of reserving liberty in favour of the petitioner to file reply to show cause notices dated 24.03.2021 & 28.07.2021 and in turn, the authority concerned is directed to pass appropriate order strictly in accordance with law after affording due opportunity of hearing to the petitioner. The recovery shall be subject to final outcome of the inquiry. 7. The interim orders dated 20.09.2021 in WPS No. 5014/2021 and 23.09.2021 in WPS No. 5154/2021 are hereby vacated. 8. With the aforesaid direction(s)/observation(s), the both the writ petitions are disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti