MANGALPRASADYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application., the petitioner is aggrieved by the order of the State Government as contained in Meo No. 4084 dated 17th May 1983 (Annexure-1) by which the petitioner has been removed from the office of Pramukh pursuant to powers coffered under Section 33 (2) of the Bihar Panchayat Samiti and Zila Parishad Act, 1961 (hereinafter referred to as the 'Act').

(2.) Admittedly the petitioner had been elected Pramukh of Ghorasahan Panchayat Samiti (East Champaran). The impugned order has been assailed by the learned counsel for the petitioner on issues of mala fide as well as improper exercise of jurisdiction vested in the Government. He has also stated that the impugned order has been passed in violation of the principles of natural Justice. Section 33 of the Act reads as under : <IMG>JUDGEMENT_473_BLJ2_1992Image1.jpg</IMG> A reading of the Act shows that the power of removal can be exercised by the State Government only under certain specified circumstances and that too (i) after affording an effective opportunity to the Pramukh or Up Pramukh of explaining the charges levelled against him and (ii) after obtaining the opinion of the Zila Parishad. After following this Procedure, if the Government feels satisfied that the charges against the Pramukh or Up-Pramukh have been proved, then only the State Government can resort to the power of removal.

(3.) Without addressing to all the issues raised before me, I feel persuaded to quash the impugned order on the simple ground that the State Government has passed the same without recording any conclusive finding in respect of the charges levelled against the petitioner. It is apparent from the impugned order that only by recording a prima facie opinion with regard to the charges in question, the statutory power of removal has been exercised against the petitioner. The drastic power of removal of a duly elected representative of local bodiei cannot be exercised in such a casual manner. A statutory authority entrusted with such stringent and drastic powers has to devote himself more before taking the decisions like the one impugned in the present writ application.