JAI KISHORE PRASAD MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Standing Counsel No. 20 for the State. The petitioner is aggrieved by the communication as contained in letter No. 624 dated 30th of January, 2012 issued by the Special Work Officer, Panchayati Raj Department, Government of Bihar, Patna, enclosing a copy of the enquiry report of the District Magistrate with respect to the various alleged irregularities committed by him. The petitioner, the Mukhiya of the concerned Gram Panchayat was asked to submit his explanation to the Principal Secretary, Panchayati Raj, Government of Bihar, Patna, as to why he should not be removed from the post of Mukhiya, in terms of the provisions contained in sub-section (5) of Section 18 of the Bihar Panchayati Raj Act, 2006.

(2.) It is submitted on behalf of the petitioner that the aforesaid explanation/notice was sought by the Officer on Special Duty of the Department and not by the State Government and that too, without due application of mind and as such, the aforesaid notice dated 30th of January, 2012, as contained in Annexure-7 suffers from patent illegality, deserves to be quashed.

(3.) Learned counsel appearing for the State, on the other hand, submits that by the said communication, enclosing the enquiry report with respect to the alleged serious irregularities committed by the petitioner warranting an action under the aforesaid provisions of the Act, the petitioner was asked to submit his explanation to the Principal Secretary, Panchayati Raj Department, Government of Bihar. However, no final order under sub-section 5 of Section 18 of the aforesaid Act has been passed by the State Government till date. The petitioner has not filed any reply/explanation.