SRI NIWAS TIWARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The Government has framed the Rule in exercise of power under section 121 read with section 32A of Bihar Panchayat Raj Act, 1993.

(3.) The petitioner has raised a grievance with regard to clause 7 of the 2004 Rules, as he has claimed that Dalpaties are the employees of the Panchayat Raj, not the employees of the State Government and, as such, the exercise should have been made under section 151 of the Bihar Panchayat Raj Act, 1993, getting strength from paragraph 10 and 13 of the counter affidavit filed by the Secretary-cum-Commissioner, Rural Development Department, (R.E.O. and Panchayat Raj) and the Director, Panchayat Raj, Bihar. The paragraph of the counter affidavit speaks as follows: