LAWS(JHAR)-2019-2-142

KUNWAR SINGH SARDAR Vs. STATE OF JHARKHAND

Decided On February 15, 2019
Kunwar Singh Sardar Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India wherein order dated 20.03.2017 passed in Memo No. 4(A) issued by District Panchayati Raj Officer, Chaibasa East Singhbhum, is under challenge, by which the power of Mukhiya has been seized and delegated to the Deputy Mukhiya.

(2.) It has been contended by the learned counsel for the petitioner that the Government has come out with a Circular No. 182 dated 04.07.2017 whereby and whereunder the process has been formulated to deal with the Mukhiyas/Deputy Mukhiyas, in case of their involvement of any type of misconduct but without resorting to the said provision as contained therein the impugned order has been passed.

(3.) Having heard learned counsel for the parties this Court finds that by virtue of the impugned order dated 20.03.2017 passed by District Magistrate cum Deputy Commissioner, Chaibasa in exercise of power conferred under Clause-II, sub Paragraphs- 1,2,3 and 4, of Section 73 the powers have been delegated to the Deputy Mukhiyas.