PRAMOD PRASAD CHAURASIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) An action taken against the petitioner , who was the Mukhiya of Gram Panchayat Raj, Aroura, in the district of Aurangabad, under Section 18(5) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act'), whereby he has been removed from the post of Mukhiya, is under challenge in the present writ application. The impugned order dated 11.10.2019 has been issued under the signature of the Principal Secretary, Panchayati Raj Department, Government of Bihar. His removal is on the allegation of misappropriation of public fund to the tune of Rs.42.725 lakh.

(2.) This is to be noted that power of removal of Mukhiya, under Section 18(5) of the Act, earlier vested in the Commissioner of the concerned Division, which provision has subsequently been amended by Amendment Act 8 of 2008, whereby such power has now been vested in the State Government.

(3.) Before, I take note of the facts pleaded in the writ application and other pleadings available on record, I must note, at the outset, a notification dated 26.08.2008, issued by the Panchayati Raj Department, Government of Bihar, which has been issued under Section 152 of the Act. Section 152(1) of the Act confers upon the Government a power to cause an enquiry to be made by the Government Officers in regard to any manner with respect to which sanction, approval, consent or orders of the Government is required under the Act, by a general or special order. Sub-section (2) of Section 152 provides that the officer, holding such enquiry, shall have the powers of a civil Court under the Code of Civil Procedure, 1908. The notification has authorized concerned District Magistrate in a district to enquire into any matter with regard to the affairs of any Gram Panchayat and Panchayat Samiti. It further lays down that in case of the matters related with Gram Panchayat and Panchayat Samiti, the District Magistrate himself may make enquiry or get the matter enquired into by any of his subordinate officers, not below the rank of Sub Divisional Officer.