Seema Devi vs State Of Himachal Pradesh Through Secretary (Rural Development) To The Government Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

The instant petition has been filed for grant of the following substantive relief:-

"That a Writ of Certiorari may kindly be issued and the impugned award dated 31.8.2021/1.9.2021 passed by the Ombudsman MGNERGA District Kangra in case No. 20/2020-21 titled as Prashant Singh versus Gram Panchayat Dainkwan may kindly be quashed and set aside qua the petitioner in the interest of justice and fair play."

It appears that the present petition was filed because no Appellate Authority under MGNERGA Scheme had been constituted by the State, as is evident from para-18 of the petition which reads as under:-

"18. That the petitioner presented appeal through her counsel in the office of before the ld. Appellate authority under MGNREGA for the State of HP Barowalli house near Shimla Public School Khalini Shimla-171002 but the appeal was not taken on the ground that the new appellate authority has not been constituted by the State Government since the year 2018 and asked the petitioner to approach the MGNERGA branch at Kasumpti thereafter the counsel of the petitioner presented the appeal to the Joint Director H.P Panchayati Raj Act who is in charge of MGNERGA but the same was again returned on the ground that the process for appointment of Appellate Authority is under process and at present there is no appellate authority under MGNERGA in the State of Himachal Pradesh, the copy of the appeal along with interim application is submitted herewith as Annexure P-7 for the kind perusal of this Hon'ble court."

The learned Additional Advocate General has placed on record the instructions dated 23.10.2021 which go to reveal that the State vide Notification dated 24.09.2021 has constituted a three-member Appellate Authority under MGNREGA to consider the representation by any party under the Scheme.

Once that be so, obviously, the petition is not maintainable and is required to be transferred to the Appellate Authority so constituted.

In the given facts and circumstances, we deem it proper to transmit the records of this petition to the Appellate Authority which shall treat the same as an appeal and will proceed to decide the same in accordance with law. Ordered accordingly.

Let the parties/their authorized representative(s) appear before the Appellate Authority on 15.11.2021.

The petition stands disposed of in the aforesaid terms, leaving the parties to bear their own costs.

Pending application, if any, also stands disposed of.