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As per case facts, the petitioner, an Ex-Sarpanch, was ordered to recover an amount for irregularities in the MGNREGA Scheme, specifically involving duplicate job cards. A Public Interest Litigation led
...to a Lokpal inquiry, which found the petitioner responsible for creating duplicate job cards, resulting in a recovery order and a directive for an FIR. The petitioner appealed to the High Court to set aside these impugned orders. The question arose whether a Sarpanch has a role in issuing job cards and if the recovery process for MGNREGA frauds must follow the procedure outlined in a separate state-level Panchayati Raj Act. Finally, the High Court rejected the petitioner's arguments, confirming the Gram Panchayat's responsibility in maintaining job card records and allocating employment under the MGNREGA Act. It held that the MGNREGA Act has an overriding effect, and its specific grievance redressal mechanism, including the Ombudsman, is the applicable framework for such irregularities, rendering the state Panchayati Raj Act's procedure irrelevant in these matters. Consequently, the petition was dismissed.
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