HIRAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all the defects pointed out by the Stamp Reporter be removed within one month hereof.

(2.) In the instant appeal, the appellant has assailed the judgment dtd. 8/3/2021 passed in CWJC No. 23516 of 2019.

(3.) The appellant was elected as a member of Gram Panchayat Raj Lohdan, Block- Chand, District- Kaimur at Bhabhua for a period of five years from the year 2016 to 2021. She was elected as Mukhiya. Gram Panchayat was allotted funds in respect of implementation of the scheme called "Saat Nischay". The funds were to be used for construction of concrete street and drainage system as well as for management of drinking water. The funds were transferred to the aforesaid Panchayat and it was alleged to have been defalcated by the appellant to the extent of Rs.33.97 lakhs. The concerned authority after due notice of the alleged defalcated sum of Rs.33.97 lakhs issued a show cause notice to the appellant vide memo dtd. 10/10/2018 by the District Panchayat Raj Officer, Kaimur. On receipt of the appellant's reply, the concerned officer proceeded to invoke Sec. 18 (5) of the Bihar Panchayat Raj Act, 2006 (for short "Act 2006"). The matter was concluded by passing the impugned order dtd. 20/10/2019/1/11/2019 vide Memo No. 7085 dtd. 5/11/2019, by which the appellant was removed from the post of Mukhiya of Gram Panchayat Raj, Lahdan, Block - Chand, District- Kaimur at Bhabhua for the left over period on the charge of alleged defalcation of public funds.