SHAILENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Invoking sub-sec. (5) of Sec. 70 of Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, by an order No. 2490 dtd. 18/5/2021, has removed the petitioner from the post of Adhyaksha, Zila Parishad, West Champaran. The petitioner has challenged the said order in the present writ application under Article 226 of the Constitution of India.

(2.) Sub-sec. (5) of Sec. 70 of the Act reads as under :-

(3.) From the impugned order, it is evident that two members of the Nagar Parishad had complained to the Additional Chief Secretary in writing on 20/8/2019 alleging that the petitioner had convened only three general meetings from 30/6/2016. Allegation was also made in respect of the petitioner's functioning as Adhyaksha of the Parishad in whimsical, capricious and despotic manner, in the matter of distribution of funds in different regional electoral areas (Pradeshic Nirwachan Kshetrd). On receipt of the complain, response of the District Magistrate, West Champaran was called for. As no report was received from the District Magistrate, reminders were sent on 20/9/2019 and 15/10/2019. Subsequently, by letter dtd. 22/10/2019, the opinion of Divisional Commissioner, Tirhut Division was solicited, keeping in view the provisions under Bihar Panchayat (Karyalaya Ka Nirikshan Ewam Karyakalapo ki Janch, Paryawekshan Ewam Margdarshan) Rules, 2014. As no report could be received, a reminder was sent to the Divisional Commissioner, Tirhut Division. Subsequently, a writ petition was filed before this Court by one Renu Devi giving rise to CWJC No. 843 of 2020 and in the light of order dtd. 4/3/2020, passed in the said case by this Court, an action taken report was sought from the Divisional Commissioner. Again, when no report was coming forth from the Divisional Commission, a reminder was sent on 9/3/2020, whereafter the Divisional Commissioner submitted his report dtd. 21/3/2020, based on the report of the District Magistrate, West Champaran dtd. 5/3/2020.