JAHIRUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) With the consent of the learned Advocates the Appeal is heard and decided today.

(2.) This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 4th February 2011 passed by the learned Single Judge in above C.W.J.C. No. 2212 of 2011.

(3.) The Appellant-writ Petitioner is the Mukhiya of Nirpur Gram Panchayat. By order dated 19th January, 2011 made by the State Government in exercise of power conferred by Section 18 (5) of the Bihar Panchayat Raj Act, 2006 the Appellant has been removed from the office of Mukhiya. It was alleged that in the implementation of Indira Awas Yojana certain irregularities were committed. The beneficiary one Sakina Khatoon opened two bank accounts and recovered the monetary benefit twice. The said Sakina Khatoon could not have opened two different accounts but in the connivance of the Mukhiya. Thus, the Appellant is held to have abused the authority. Therefore, the order of removal under 18 (5) of the Act. The challenge to the said order before the learned Single Judge has failed. Therefore, the present Appeal.