1 2025:CGHC:19335 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4591 of 2019 • Sahu Constructions Through The Proprietor Kirti Kotwani W/o Shri Dinesh Kotwani, Age About 32 Years, Office Address- Ganesh Chowk, Dhamtari, Police Station Kotwali, District Dhamtari, Chhattisgarh ... Petitioner Versus 1. State Of Chhattisgarh Through The Secretary, Department Of Home Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh 2. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh 3. The Superintendent Of Police Dhamtari, District Dhamtari, Chhattisgarh 4. The Chief Executive Officer Janpad Panchayat Dhamtari, District Dhamtari, Chhattisgarh 5. Gram Panchayat Gagra Through The Secretary, District Dhamtari, Chhattisgarh ... Respondents For Petitioner : Ms. Deepti Tiwari, Advocate For Respondents No. 1 to 3 For Respondent No. 4 : : Mr. Lav Sharma, Panel Lawyer Mr. Gagan Tiwari, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 29/04/2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, the Hon’ble Court may kindly be pleased to set aside the impugned enquiry report (ANNEXURE P/1) passed by the respondents and all other action taken on the basis of said order, in the interest of justice. 10.2 That, the Hon’ble Court may kindly be pleased to grant any other relief, as if may deem fit and appropriate. 10.3 Cost of the petition may also be given.” Digitally signed by RAMESH KUMAR VATTI 2 2. Ms. Deepti Tiwari, learned counsel appearing for the petitioner would submit that the petitioner, who is a contractor, was awarded a work order for the supply of building materials under the MNREGA Scheme. She would further submit that complaints were made and an inquiry was conducted by a three member committee, who were employees of the Janpad Panchayat, Dhamtari. She would also submit that the order with regard to the recovery and registration of F.I.R. was passed against the contractor, Sarpanch and Secretary of the Gram Panchayat. She would further contend that no opportunity of hearing was afforded, therefore, the inquiry report is liable to be quashed. 3. On the other other hand, Mr. Gagan Tiwari, learned counsel for respondent No. 4 would argue that another inquiry was conducted by a five member committee headed by the Deputy Collector. He would contend that in the inquiry, the allegations made against the Sarpanch, petitioner and Secretary were found false. He would also submit that though an F.I.R. was registered against the petitioner, Sarpanch and the Secretary, but a direction was issued by the Jila Panchayat to the Chief Executive Officer, Janpad Panchayat to withdraw the prosecution. He would further submit that pursuant to the inquiry report (Annexure P/1) dated 17.07.2019, no action is proposed against the petitioner. He would also contend that in Para-15 of the return, the answering respondent No. 4 has categorically stated so. 4. Mr. Lav Sharma, learned Panel Lawyer appearing for the State/respondents No. 1 to 3 would support the contention made by Mr. Gagan Tiwari. 5. Heard learned counsel for the parties and perused the documents. 3 6. Para-15 of the return filed by respondent No. 4 reads as under:- “15. That as far as the fact whether the Sarpanch and the then Secretary have ignored the powers of the Gram Sabha or not because the subjects under Swakchata Abhiyan have not been placed before the Gram Sabha and even no approval in this regard has been obtained and even the social audit of the works carried out has not been done is concerned, the Inquiry Committee has recorded its categorical finding that in the Gram Sabha, proposal for construction of toilet has unanimously been passed and approved and even the information about completion of construction activities of toilet has been given by the beneficiaries. The Inquiry Committee, after going through the documents available on record pertaining to the social audit, has also found that the social audit for the works of construction and repairing of toilets has also been done. That, after going through the entire materials / documents made available on record and as per the statements recorded of the beneficiaries, vendors and Panchayat officials, the Inquiry Committee has not found any illegality or infirmity in payments of funds to the concerned beneficiaries as well as the vendors who supplied the materials for construction and repairing of toilets. The Inquiry Committee has also found that no embezzlement of Panchayat funds has been done in raising construction of toilet in Gram Panchayat Gagra. It is submitted that after completion of inquiry, the Inquiry Committee has submitted its detailed inquiry report and copy whereof is being filed herewith as Annexure R/4-1.” 7. Inquiry report has been placed on record along with the return by the answering respondent. The subsequent inquiry report is just opposite to the inquiry report Annexure P/1 dated 17.07.2019. Further, the State and Jila Panchayat/Janpad Panchayat have already taken a decision not to take any action against the petitioner therefore this petition is disposed of in light of the subsequent inquiry report and pleadings made in the return. Sd/- (Rakesh Mohan Pandey) Judge vatti