SHIV SHANKAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Counsel for the Petitioner and Learned Counsel for the State.

(2.) The Petitioner is the Mukhiya of Goraul Bhagwanpur, aggrieved by the order dated 10.2.2011 unseating him from the post by the Principal Secretary, Department of Panchayati Raj in exercise of power under Section 18(5) of the Bihar Panchayat Raj Act (hereinafter called the Panchayat Act).

(3.) Learned Counsel for the Petitioner submits that the installation of the Handpump on private lands was the decision of the Gram Panchayat. The depth of the Handpump was a technical matter to be decided by the Junior Engineer, and the Petitioner has no technical knowledge. No show cause notice was given to the Petitioner by the Principal Secretary, under Section 18(5) of the Act before the issuance of the final order.