1 2025:CGHC:40749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4325 of 2025 1 - Alok Thawait S/o Lakhpati Thawait Aged About 42 Years Occupation Service Ex Panchayat Sachiv Gram Panchayat Chavarpur Presently Under Suspension Office Attached At Janpad Panchayat Sarangarh District- Sarangarh Bilaigah ( C.G. ). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary Department Of Panchayat And Social Welfare Indrawati Bhawan, Mahanadi Khand Nava Raipur ( C.G. ). 2 - Commissioner Revenue, Division Bilaspur District- Bilaspur ( C.G. ). 3 - Collector District- Sarangarh Bilaigarh ( C.G. ). 4 - Sub Divisional Officer ( S.D.O. ) And Prescribed Authority ( Panchayat ) Sarangarh Janpad Panchayat Sarangarh District- Sarangarh- Bilaigarh ( C.G. ). 5 - Sitaram Chouhan Ex Sarpanch Gram Panchayat Chavarpur District- Sarangarh- Bilaigarh ( C.G. ). 6 - Shri Anjankumar Mehar Sahayak Ankeshiyalekha Panjiyak And Janch Adhikari Kararopan Adhikari Janpad Panchayat Sarangarh District- Sarngarh- Bilaigarh ( C.G. ). 7 - Krishan Chougan Inquiry Officer Sankul Sanchalak Janpad Panchayat Sarangarh District- Sarangarh- Bilaigarh ( C.G. ). 8 - Trilochan Jaiswal ( Secretary Successor In Office Of Secretary ) Gram Panchayat Chavarpur District- Sarangarh- Biaigarh ( C.G. ). 9 - Ramlal Jaiswal Panchayat Inspector Janpad Panchayat Sarangarh District- Sarangarh- Bilaigarh ( C.G. ). ----Respondents For Petitioner : Mr. S. N. Nande, Advocate For Respondent-State : Ms. Nupur Trivedi, P.L. 2 Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 13/08/2025 1. The present writ petition has been filed seeking following relief:- 10.1 That this Hon’ble Court may kindly be pleased to call for the entire record of the case in connection with recovery order subjected to appeal and revision. 10.2 That this Hon’ble Court may kindly be pleased to quash the impugned order Annexure P-1 accordingly direct learned commissioner to proceed further hearing of Revision on admission and interim relief as sought and pass an appropriate order in accordance with law. 10.3 Any other suitable relief deemed fit in the opinion of this Hon’ble Court for the sake of justice. 2. Learned counsel for the petitioner submits that the petitioner having been aggrieved with the order passed by learned Sub Divisional Officer & Prescribed Authority had preferred an appeal which was rejected by learned Additional Collector. Thereafter petitioner further challenged the orders against him in Revision (Panchayat) before learned Commissioner Revenue Division Bilaspur but the same has been declined to be heard on admission inflicting condition of 50% deposit by impugned order & the matter kept pending (Annexure P/1) 3. Learned counsel for the petitioner submits that the Petitioner recruited as Panchayat Secretary had joined at Office of the Janpad Panchayat Raigarh on at Gram Panchayat "Kulba" 19.04.2012 and posted where he made joining on 30.04.2012. He had worked at different Gram Panchayat having been placed therein on transfer. However he has completed 13 years in Service and meanwhile has been transferred from Janpad Panchayat Raigarh to Gram Panchayat Kosir under Janpad Panchayat Sarangarh. Furthermore petitioner joined as "Panchayat Sachiv at Gram Panchayat Chavarpur under Janpad Panchayat Sarangarh which subsequently bifurcated & newly created Gram Panchayat Bhavarpur came in to existence having been separated from Gram Panchayat "Chavarpur" under Janpad 3 Panchayat Sarangarh. While petitioner was "Panchayat Sachiv" of Gram Panchayat Chavarpur Respondent No.6 herein namely Trilochan Jaiswal was holding Office of Sarpanch and Bank Account of Gram Panchayat used to be operated by joint signatures of Sarpanch and Panchat Secretary in accordance with Account operation practice prescribed under Act. Later on Gram Panchayat Chavarpur bifurcated and Village Bhavarpur having been separated from Gram Panchayat Chavarpur & came in to existence as independent Gram Panchayat under Janpad Panchayat Sarangarh. However instant petitioner was subsequently suspended and attached with Office of the Janpad Panchayat Sarangarh. Later on petitioner transferred from to Gram Pchayat Paat but modifying it petitioner was posted to Gram Panchayat Charra wherefrom he was transferred to Gram Panchayat "Barbhata A" and presently attached with Office of Janpad Panchayat Sarangarh. Petitioner was summoned with a Show Cause Notice issued from the Court of S.D.O & Prescribed Authority where before petitioner made appearance and through Counsel moved an application for requirement of thorough appropriate Inquiry. Learned Prescribed Authority allowed the same and directed to conduct Inquiry and Report thereof be submitted. On receiving Inquiry Report ultimately order to recover the amount Rs 11,95,790/ likewise recovery mode of Land Revenue from petitioner was finally passed as proposed in the Inquiry Report. In order to recover the amount learned Prescribed Authority under Section 92 of the Panchayat Raj Adhiniyam had sent petitioner to Civil Jail for a period of 30 days. Petitioner during Civil Jail detention had preferred Appeal against the Order passed by learned S.D.O before Collector who inturn heard appeal and rejected the appeal. Subsequently petitioner preferred Revision invoking statuary recourse of Revision before learned Commissioner who has been pleased in declining to hear appeal unless & until the 50 percent amount out of total Sum of Recoverable amount is deposited. Learned Commissioner below committed manifest error & applied pressure tactic which per se illegal and contrary to law and procedure. 4. Learned counsel for the State opposed the submission made by the 4 learned counsel for the petitioner. 5. I have learned counsel for the parties and perused the records with utmost circumspection. 6. Section 92 of Chhattisgarh Panchayat Raj Adhiniyam 1993 provides as under:- 92. Power to recover records articles and money.- (1) Where the prescribed authority is of the opinion that any person has unauthorisedly in his custody any record or article or money belonging to the Panchayat, he may, by a written order, require that the record of article or money be delivered or paid forthwith to the Panchayat, in the presence of such officer as may be appointed by the prescribed authority in this behalf. (2) If any person fails or refuses to deliver the record or article or pay the money as directed under sub-section (1) the prescribed authority may cause him to be apprehended and may send him with a warrant in such form as may be prescribed, to be confined in a Civil Jail for a period not longer than thirty days. (3) The prescribed authority may- (a) for recovering any such money direct that such money be recovered as an arrear of land revenue; and (b) for recovering any such record or articles issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the code of Criminal Proce-dure, 1973 (No. 2 of 1974). (4) No action under sub-section (1) or (2) or (3) shall be taken unless a reasonable opportunity has been given to the person concerned to show cause why such action should not be taken against him. 5 (5) A person against whom an action is taken under this section shall be disqualified to be member of any Panchayat for a period of [six] years commencing from the initiation of such action. 7. A bare perusal of Section 92 of Adhiniyam 1993, there is no provision that only after depositing a sum of amount of recovery, the revision would be heard. 8. In the order dated 15.07.2025 in Revision Case No. A-89 2024-2025, the learned Commissioner Bilaspur Division has mentioned in the last portion of the order that “jk’kh tek djus ds mijkar vkosnu ij lquokbZ dh tk,sxhA” This Court is of the opinion that the only last line of the order dated 15.07.2025 i.e. “after depositing amount, the revision would be heard” is hereby set aside and remaining portion of the order remain intact. Thus, the learned Commissioner Bilaspur Division is directed to proceed and hear stay application as well as revision filed by the petitioner in accordance with provisions, rules and regulations as expeditiously as possible. 9. It is made clear that this Court has not expressed anything on the merits of the case. 10.Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti