Smt. Archana Patel vs The State Of Madhya Pradesh
2024 Latest Caselaw 20995 MP

Madhya Pradesh High Court

Smt. Archana Patel vs The State Of Madhya Pradesh on 2 August, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                            1                            WP-20364-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                 WP No. 20364 of 2024
                                   (SMT. ARCHANA PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 02-08-2024
                                   Shri Nitin Pandharkar - Advocate for petitioner.
                                   Shri Amit Sharma - Govt. Advocate for respondent/State.

Petitioner has filed this petition under Article 226 of the Constitution of India challenging order dated 04.07.2024 contained in

Annexure-P/2 and P/3.

Learned counsel appearing for petitioner submitted that financial power of petitioner has been withdrawn. There are allegations of embezzlement, but action has been taken under Section 92 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. In fact, respondents ought to have proceeded under Section 89 and not under Section 92. It is further submitted that recovery could not have been made from petitioner under Section 92 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. Counsel for petitioner relied upon

Division Bench judgment passed by this Court in W.A. No.294/2016 and W.A. No.359/2016 dated 20.02.2017.

Issue notices to respondents on payment of P.F. within seven days.

Notices be made returnable within four weeks. List the matter after four weeks.

2 WP-20364-2024 Till next date of hearing, no recovery be made from petitioner pursuant to order passed under Section 92 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

sp/-