RAJAVANSH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

(2.) The present writ petition has been filed for quashing the orders dtd. 27/1/2021, passed by the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna, whereby and whereunder orders have been passed to discharge the petitioners from the post of Mukhiya, Gram Panchayat Raj Chenari and Kenarkala, District-Rohtas as also the orders dtd. 9/2/2021, passed by the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna, whereby and whereunder orders have been passed to discharge the petitioners from the post of Mukhiya, Gram Panchayat Raj, Ughani, Dihara and Banauli, District-Rohtas.

(3.) The brief facts of the case are that all the petitioners, who are Mukhiyas of different Gram Panchayats in the State of Bihar were elected in the year 2016, whereafter they are stated to have been working diligently. It is submitted that as per the provision and recommendation of the 14th Finance Commission report, the Panchayati Raj authorities i.e. the Mukhiyas were authorized to install solar lights in their Panchayat Raj area and for this purpose the Government of Bihar had issued various circulars. Thereafter, the District Magistrate, Rohtas had directed the Block Development Officer, Chenari to provide all necessary assistance to all the Mukhiyas including the petitioners herein for installation of solar light in the village street and funds were also transferred. It is the case of the petitioners that they had followed the government guidelines and had entered into agreements with various contractors for installation of solar lights in the village streets, after the decision of the Panchayats which were being headed by them and then they had utilized the funds for the work of installation of solar lights, however, the Contractors/Firms, which were given the work order, had engaged in delay in completing the work. Nonetheless, a team of MANREGA's officials had visited various places in the village where work had started and had conducted an inspection whereupon the work was found to be thoroughly unsatisfactory, hence a recommendation was made to the authorities for initiation of departmental proceeding against the petitioners, whereafter show cause notice was issued to the petitioners and after seeking their reply as also after hearing them, the impugned orders dtd. 27/1/2021 and 9/2/2021 were passed in an illegal manner.