SARYUGSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated 23-2-1993 passed by the District Magistrate, Nalanda, whereby and where under the petitioner has been declared unfit to discharge his functions Up Mukhiya purported to be in terms of the provisions of Section 79 of the Bihar Panchayat Raj Act (hereinafter referred to as 'the said Act').

(2.) The fact of the matter lies in very narrow compass. The petitioner joined Central Co-operative Bank as a peon and has been working in that capacity since then.

(3.) The Mukhiya of Karyanna Bindidih Gram Panchayat was removed whereafter the member of the petitioner was elected to the post of Executive Panchayat and later on elected to the post of Up Mukhiya. The petitioner was asked to perform the duties of the Mukhiya by an order dated 11-11-1992 as contained in Annexufe 2 to the writ application.