VIJAY KUMAR MANMOUJI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and Shri Ajay Kumar Ambastha, learned counsel for the intervener (Up-Mukhiya of Gram Panchayat).

(2.) The facts necessary for disposal of the present writ application are that the present petitioner who was elected as Mukhiya, vide his letter dated 1.3.2003, addressed to the Block Development Officer, Khagaria, resigned from the office of Mukhiya. However a copy of the said letter was also forwarded to the District Panchayati Raj Officer, Khagaria for Information and necessary action. It appears that in the meanwhile the disputes between the Block Development Officer and the Mukhiya were settled which would be clear from Annexure-5, the petitioner on4.3.2003 (Annexure-3) again submitted a letter to the Block Development Officer seeking withdrawal of the resignation letter. A copy of the said letter was again forwarded to the District Panchayati Raj Officer for information and necessary action. On 26.3.2003, vide order contained in memo No. 80, the District Panchayati Raj Officer, Khagaria accepted the resignation and directed the Block Development Officer that the charge of the office of Mukhiya be handed over to the Up-Mukhiya, (the intervener in these proceedings). On 29.3.2003 the Block Development Officer vide his letter No. 805 (Annexure-5) informed the District Panchayati Raj Officer that neither the resignation was addressed to D.P.R.O. nor withdrawal of resignation was addressed to D.P.R.O. therefore, nothing could have been forwarded and under the "circumstances the order accepting the resignation be re-considered. It appears that the matter went up to the Secretariat. The Secretary of the Department, it appears from Annexure 7 sought legal advise from the Law Department. In accordance with the advice given to him, he observed that the letter proposing withdrawal of the resignation was not addressed to the District Panchayati Raj Officer, therefore, the letter would not be effective and the resignation was rightly accepted.

(3.) The petitioner being aggrieved by the acceptance of the resignation and other proceedings recorded against him is before this Court.