SANJAY KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed challenging the order dated 17.5.2011 passed by the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna by which the Principal Secretary has come to a finding that the petitioner should be removed from the post of the Mukhiya of Gram Panchayat Raj, Kadipur, District-Saran under Section 18(5) of the Bihar Panchayat Raj Act, 2006.

(2.) The facts giving rise to the order impugned are that there was an allegation against the petitioner when he was elected as the Mukhiya in the year 2007 that he had misused his powers of Mukhiya in making appointments of Aanganbari Sevikas. Earlier to the amendment of Section 18(5) of the Act, such matters were to be heard by the Divisional Commissioner, but by the amendment of 2008, the power to decide such issues was transferred to the State Government. As such, the matter was taken up and heard by respondent no. 2, the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

(3.) It would appear from the impugned order that the Principal Secretary issued a show cause to the petitioner vide letter no. 2198 dated 29.3.2011 asking the petitioner to show cause, as to why he should not be removed from the post of Mukhiya. In response to the show cause, the petitioner filed an application praying for 20-25 days' time on the ground that in order to file show cause, he would be required to get certain documents from the Office of the District Magistrate, Saran which would explain that the allegations leveled against the petitioner were not justified. The petitioner's prayer for time was rejected by the Principal Secretary by the impugned order and he proceeded to pass the order against the petitioner.