JAI KISHORE PRASAD MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Appeal arises from order dated 23.4.2013 dismissing C.W.J.C. No. 4827 of 2012. The learned Single Judge held that the State Government was competent to pass orders for removal of the Mukhiya under Section 18(5) of the Bihar Panchayti Raj Act (hereinafter called the 'Act') after considering the cause shown by the Mukhiya. If the report of the District Magistrate had been made available to the Appellant facilitating the filing of a reply, which he was yet to do, the notice dated 20.1.2012 issued by the Special Officer, Department of Panchayti Raj required no interference.

(2.) Learned counsel for the Appellant submits that Section 18(5) of the Act was amended in 2008. The power to issue notice to show cause and order removal is now vested in the State Government. He submits that it is only after the prima facie satisfaction of the statutory authority i.e. State Government, a show cause notice is to be issued by the State Government and none other. The power of prima facie satisfaction vested in the State Government by the statute cannot be delegated to the Special Officer. Enclosing the report of the District Magistrate does not tantamount to prima facie satisfaction of the State Government.

(3.) Counsel for the State submits that the Appellant is yet to file his reply. The show cause notice states that the consideration of the cause shown was to be done by the State Government. No prejudice has been caused to the Appellant to warrant any interference at this stage.