Patna High Court
Dilip Kumar Tiwari vs The State Of Bihar on 6 March, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17638 of 2023
======================================================
Ashok Kumar Pandit Son of Late Ram Ayodhya Pandit, Resident of Village-
Hariharpur Kala, P.S.-Jamo Bazar, District-Siwan, Ex Mukhia, Gram
Panchayat Raj Hariharpur Kala, Block-Goreyakothi, Dist-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Panchayati Raj Department,
Bihar, Patna.
2. The Commissioner, Saran Pramandal, Chhapra.
3. The District Officer cum Collector, Siwan.
4. The District Panchayat Raj Officer, Siwan.
5. The Sub-Divisional Magistrate (SDM) Maharajganj Sub-Division, District-
Siwan-cum-District Public Grievance Officer, Siwan.
6. The Block Development Officer (BDO), Block-Goreyakothi, District-Siwan.
7. Prafull Ranjan, son of Dr. Ramesh Singh, R/o Village and P.O.-Kala Dumra,
Prakhand-Goreyakothi, Sub-Division-Maharajganj, District-Siwan.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10229 of 2023
======================================================
1. Dilip Kumar Tiwari Son of Jaleshwar Nath Tiwari, Resident of Village -
Chanchopali, P.S. - G B Nagar, District - Siwan, Ex Mukhia, Gram
Pranchayat Raj Karanpura, Block - Goreyakothi, Dist. - Siwan.
2. Rajesh Anand Raj, Son of Amar Singh, Resident of Village- Jamo Bazar,
P.S. - Jamo Bazar, District - Siwan, Ex Mukhia, Gram Panchayat Raj Jamo,
Block - Goreyakothi, Dist. - Siwan.
3. Sachidanand Tiwari, Son of Surendra Tiwari, Resident of Village - Sarai, P.S
- Goreyakothi, District - Siwan, Ex Mukhia, Gram Panchayat Raj Uttari
Sarari Block - Goreyakothi, Dist - Siwan.
4. Munna Ram, Son of Late Mainejar Ram, Resident of Village- Meghwar, P.S.
- Jamo Bazar, District - Siwan, Ex Mukhia, Gram Panchayat Raj
Majhwaliya, Block - Goreyakothi, Dist. - Siwan.
5. Ajay Kumar Prasad, Son of Late Hiralal Prasad, Resident of Village- Sareya,
P.S. - Goreya Kothi, District - Siwan, Ex Mukhia, Gram Panchayat Raj
Dakhshini Sarari Block - Goreyakothi, Dist - Siwan.
6. Asha Devi, Wife of Satyendra Kumar Singh, Resident of Village - Barahoga
Parsotim Sadaru Tola, P.S. - Goriakothi, District - Siwan, Ex Mukhia, Gram
Panchayat Raj Barahoga Parsotim, Block - Goreyakothi, Dist. - Siwan.
7. Gayatri Devi, Wife of Late Ganga Sagar Mishra, Resident of Village -
Sadipur, P.S. - Goriakothi, District - Siwan, Ex Mukhia Gram Panchayat Raj
Sadipur, Block - Goreyakothi, Dist. - Siwan.
8. Bachchi Devi, Wife of Rameshwar Yadav, Resident of Village - Bardahan,
P.S. - Goriakothi, District - Siwan, Ex Mukhia, Gram Panchayat Raj
Mustafabad, Block - Goreyakothi, Dist .- Siwan.
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
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9. Chanda Devi, Wife of Parma Sah, Resident of Village - Goreyakothi, P.S. -
Goreyakothi, District - Siwan, Ex UpMukhia Gram Panchayat Raj
Goreyakothi, Block - Goreyakothi, Dist. - Siwan.
10. Shazia Zareen, Wife of Kaunain Ahamad Siddique, Resident of Village -
Mahammadpur, P.S. - Goreyakothi, District - Siwan, Ex Mukhia,Gram
Panchayat Raj Harpur, Block - Goreyakothi, Dist - Siwan.
11. Chhoti Kumari, Daughter of Shashibhushan Singh, Resident of Village-
Pipra, P.S. - Goreyakothi, District - Siwan, Ex Mukhia, Gram Panchayat Raj
Bindwal, Block - Goreyakothi, Dist. - Siwan.
12. Yashwant Kumar, Son of Late Nishikant Singh, Resident of Village-
Kaladumra, P.S. - G B Nagar, District - Siwan, Son of Ex Upmukhia, Gram
Panchayat Raj Mohammadpur, Block - Goreyakothi, Dist. - Siwan.
13. Jagarnath Sah, Son of Shivbalak Sah, Resident of Village - Dudhara, P.S -
Goreakothi, District- Siwan, Ex Mukhia, Gram Panchayat Raj Dudhra,
Block - Goreyakothi, Dist. - Siwan.
14. Rama Shankar Sah, Son of Naresh Sah, Resident of Village - Bhalui, P.S. -
Jamo Bazar, District - Siwan, Ex Mukhia, Gram Panchayat Raj Hetimpur,
Block Goreyakothi, Dist. - Siwan.
15. Kamlawati Devi, Wife of Prabhunath Sharma, Resident of Village - Ageyan,
P.S. - Goreyakothi, District - Siwan, Ex Mukhia, Gram Panchayat Raj
Ageyan, Block - Goreyakothi, Dist. - Siwan.
16. Rina Shree Wife of Ramawatar Ram, Resident of Village- Lilaru
Aurangabad, P.S. - Goreyakothi, District - Siwan, Ex Mukhia, Gram
Panchayat Raj Lilaru Aurangabad, Block - Goreyakothi, Dist. - Siwan.
17. Pratima Devi, Wife of Yadwendra, Resident of Village -Sisai, P.S -
Goriakothi, District - Siwan, Mukhia, Gram Panchayat Raj Sisai, Block -
Goreyakothi, Dist. - Siwan.
18. Kiran Devi, Wife of Ajay Kumar Tiwari, Resident of Village -Saidpura, P.S -
Goriakothi, District - Siwan, Ex Mukhia, Gram Panchayat Raj Saidpura,
Block - Goreyakothi, Dist. - Siwan.
19. Urmila Devi, Wife of Bajarangabali Sah, Resident of Village -Satwar, P.S. -
G B Nagar, District - Siwan, Ex Mukhia, Gram Panchayat Raj Satwar, Block
- Goreyakothi, Dist - Siwan.
20. Asagar Miyaa, Son of Bharadul Miyaan, Resident of Village -
Sanibasantpur, P.S. - G B Nagar, District - Siwan, Mukhia, Gram Panchayat
Raj Sanibasantpur, Block - Goreyakothi, Dist - Siwan.
21. Nutan Devi @ Nutan Verma, Wife of Late Dharmendra Kumar Verma,
Resident of Village - Bhithi, P.S. - Goreyakothi, District - Siwan, Gram
Panchayat Raj Bhithi, Block - Goreyakothi, Dist. - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretory, Panchayati Raj Department,
Bihar, Patna.
2. The Commissioner, Saran Pramandal, Chhapra.
3. The District Officer -cum- Collector, Siwan.
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
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4. The District Panchayat Raj Officer, Siwan.
5. The Sub-Divisional Magistrate (SDM) Maharajganj-Sub-Division, District -
Siwan - cum-District Public Grievance Officer, Siwan.
6. The Block Development Officer (BDO), Block - Goreyakothi, District-
Siwan.
7. Prafull Ranjan, Son of Dr Ramesh Singh, R/o Village and P.O. - Kala
Dumra, Prakhand - Goreyakothi, Sub-division - Maharajganj, District-
Siwan.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 17638 of 2023)
For the Petitioner/s : Mr. S.B.K. Manglam, Advocate
Mr. Raju Prasad, Advocate
For the Respondent/s : Ms. Binita Singh, SC- 28
: Mr. Kumar Kamal Nayan, AC to SC-28
(In Civil Writ Jurisdiction Case No. 10229 of 2023)
For the Petitioner/s : Mr. S.B.K. Manglam, Advocate
: Mr. Raju Prasad, Advocate
: Mr. Mithilesh Kr. Upadhyay, Advocate
: Ms. Nupur Anand, Advocate
: Ms. Anita Kumari, Advocate
For the Respondent/s : Mr. Kumar Alok, SC- 7
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 06-03-2024
As the issue involved in both the writ petitions are
similar, the above two writ petitions are being disposed of by a
common order.
2. Heard Mr. S.B.K. Manglam, along with Mr. Raju
Prasad, Mr. Mithilesh Kr. Upadhyay, Ms. Nupur Anand, Ms.
Anita Kumari, learned Counsels appearing on behalf of the
petitioners and Ms. Binita Singh, learned SC- 28, along with Mr.
Kumar Kamal Nayan, learned AC to SC-28 and Mr. Kumar
Alok, learned SC- 7 appearing on behalf of the State.
3. The present writ petition has been filed for the
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
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following relief/s:
"i. For quashing of the order
dated 07.06.2023 (Annexure-3) passed by
the Principal Secretary, Panchayati Raj
Department, State of Bihar, Patna-cum-2nd
Appellate Authority (Resp. No.1).
ii. For quashing of the order
dated 15.12.2022 (Annexure-2) passed by
the Commissioner, Saran Pramandal,
Chhapra-cum-First Appellate Authority
(Resp. No.2).
Whereby and where under as by
both orders District Officer, Siwan has been
directed to lodge FIR and to take appropriate
action against the Mukhia of Panchayatas
(Petitioners) situated in Block-Goreyakothi,
District-Siwan, for the allegation of
misappropriation and embezzlement in
financial year of 2020-21 and 2021-22
during Covid period viz Covid-19."
4. Learned counsel appearing on behalf of the
petitioners submits that he was heard by the District Public
Grievance Redressal Officer, Siwan and an order was passed by
him on 23.09.2022, where he has not found the allegation made
by the complainant warranting any interference. The
complainant, against the reasoned order passed by the District
Public Grievance Redressal Officer (Respondent no.6),
preferred an appeal under Section 7 of the Bihar Right to Public
Grievance Redressal Act, 2015 before the Divisional
Commissioner, Saran, who without interfering with the order
passed by the District Public Grievance Redressal Officer, had
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
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directed him to take action against the persons, who had
misappropriated the public fund, which was to be utilised during
the Covid period. Aggrieved by the said order, the complainant
had again filed Second Appeal before the Additional Chief
Secretary, Panchayati Raj Department, Government of Bihar.
The Additional Chief Secretary passed an order on 07.06.2023
directing to lodge an FIR against the guilty Mukhiyas and to file
the certificate cases against individual petitioners for recovery. It
is submitted that the petitioners were not heard and an ex-parte
order was passed by the Additional Chief Secretary, Panchayati
Raj Department.
5. Per-contra, Mr. Prem Ranjan Raj, learned
counsel appearing on behalf of the State and Mr. Sanjay Kumar,
learned counsel appearing on behalf of the private respondent
no.6 submitted that the complaint was made on the basis of
cogent material. It was found that the petitioners had not
purchased masks and sanitizers, which was required to be
distributed in the different wards, from the jeevika, which was
operating during the Covid period,. The petitioners, being the
Mukhiyas, were required to distribute the same in different
wards but in absence of any purchase, the people at large faced
the consequences of the Covid-19 pandemic. As no action was
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
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taken by the District Public Grievance Redressal Officer, the
complainants were forced to file the first Appeal before the First
Appellate Authority-cum-Commissioner, Saran Pramandal,
Chhapra, and then second Appeal before the Additional Chief
Secretary, who had taken action against the illegal act of the
authorities, as well as, the petitioners, who at the relevant point
of time, were Mukhiyas of different Panchayat Raj. He further
submitted that the cause of action with respect to different Gram
Panchayats, can not be clubbed together by filing one writ
petition and no description of any fact has been made by the
petitioners as to in what manner the order passed by the
Additional Chief Secretary, Panchayati Raj Department can be
interfered with.
6. Mr. Prem Ranjan Raj has referred the provision
of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as
the 'Act, 2006') and has placed his reliance on Section 26(5) of
the Act, 2006. He submitted that the Additional Chief Secretary
is empowered to take action against the Mukhiya, if he/she is
engaged in any misappropriation of funds in any manner. The
order passed by the Additional Chief Secretary, who is the
Second Appellate Authority, can not be interfered with, once a
large scale misappropriation of fund has come to his knowledge.
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
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7. I find it proper to refer the provisions of Sub-
Section b of Section 2 of the Bihar Right to Public Grievance
and Redressal Act, 2015, which defines Right to Public
Grievance Redressal, provisions of Section 5 provides for Right
to get opportunity of hearing and redressal on complaint within
the stipulated time, provisions of Section 7 provides for appeal,
Sub-Section 6 of Section 7 of the Act provides for Second
Appeal, penalty has been provided under Section 8 of the Act
and Section 9 provides for revision against the order passed by
the Public Grievance Redressal Officer or First Appellate
Authority or any other public authority, which are reproduced
hereinafter:
"2(b) "Right to Public Grievance
Redressal" means an opportunity of hearing and
redressal provided to the citizens on a complaint
within the stipulated time limit and right to get
information about the decision made in the hearing
and redressal of the complaint ;
5. Right to get opportunity of hearing
and redressal on complaint within the stipulated
time limit.-
(1) The Public Grievance Redressal
Officer shall give an opportunity of hearing of a
complaint filed under this Act within the stipulated
time limit.
(2) The Public Grievance Redressal
Officer may seek the assistance of such any other
officer, public authority or employee as he
considers it necessary for the appropriate discharge
of his duties for hearing and redressal of a
complaint under sub-section (1).
(3) Any officer, public authority or
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
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employee, whose assistance has been sought under
sub-section (2), shall render all assistance to the
Public Grievance Redressal Officer seeking his
assistance and for the purposes of any
contravention of the provisions of this Act, such
other officer or employee, as the case may be, shall
be treated a Public Grievance Redressal Officer.
(4) The stipulated time limit shall start
from the date on which date a complaint/appeal is
filed to the Public Grievance Redressal Officer or
to a person authorized by him to receive the
complaints or to the first appellate authority or the
second appellate authority. Receipt of a complaint
shall be duly acknowledged.
(5) The Public Grievance Redressal
Officer on receipt of a complaint under sub-section
(1) shall give an opportunity of hearing to the
complainant, within the stipulated time limit, and
after hearing the complainant, decide the complaint
either by accepting it or by suggesting an
alternative benefit or relief available under any
other law, policy, service, programme or scheme or
by rejecting it for the reasons to be recorded in
writing and shall communicate his decision on the
complaint to the complainant within the stipulated
time limit.
7. Appeal.-
(1) Any person, who has not been
given an opportunity of hearing and redressal of the
complaint within the stipulated time limit or who is
aggrieved by the decision of the Public Grievance
Redressal Officer, may file an appeal to the first
appellate authority within thirty days from the
expiry of the stipulated time limit or from the date
of the decision of the Public Grievance Redressal
Officer:
Provided that the first appellate
authority may admit the appeal after the expiry of
the period of thirty days but not exceeding forty
five days if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal
in time.
(2) If the Public Grievance Redressal
Officer does not comply with the provision of
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
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section 5, any person aggrieved by such non-
compliance, may submit complaint directly to the
first appellate authority which shall be disposed of,
in the manner of a first appeal.
(3) The first appellate authority may
order the Public Grievance Redressal Officer to
given an opportunity of hearing and redressal to the
complainant within the period specified by it or
may reject the appeal.
(4) A second appeal against the
decision of the first appellate authority may be filed
before the second appellate authority within thirty
days from the date of the decision of the first
appellate authority: Provided that the second
appellate authority may admit the appeal after the
expiry of the period of thirty days but not
exceeding forty five days, if it is satisfied that the
appellant was prevented by sufficient cause from
filing the appeal in time.
(5) An aggrieved person may file an
appeal directly to the second appellate authority, if
the Public Grievance Redressal Officer does not
comply with the order of first appellate authority
passed under sub-section (3) or the first appellate
authority does not dispose of the appeal within the
stipulated time limits and it shall be disposed of in
the manner of a second appeal.
(6) The second appellate authority may
order the Public Grievance Redressal Officer or the
first appellate authority to give an opportunity of
hearing and redressal to the complainant or dispose
of the appeal, as the case may be, within the period
specified by it, which in any case will not exceed
thirty days or may reject the appeal.
(7) Along with the order to give an
opportunity of hearing and redressal to the
complainant, the second appellate authority may
impose a penalty on Public Grievance Redressal
Officer or any other public authority or the first
appellate authority in accordance with the
provisions of section 8.
8. Penalty.-
(1) Where the second appellate
authority is of the opinion that the Public
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
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Grievance Redressal Officer or any other public
authority or the first appellate authority has failed
to give an opportunity of hearing and redressal
within the stipulated time limit without any
sufficient and reasonable cause, it may impose on
him a penalty which shall not be less than five
hundred rupees but not more than five thousand
rupees:
Provided that before imposing any
penalty under this sub section, the person on whom
penalty is proposed to be imposed shall be given a
reasonable opportunity of being heard.
(2) The penalty imposed by the second
appellate authority under sub-section (1) shall be
recoverable from the salary of the Public Grievance
Redressal Officer or any other public authority or
the first appellate authority.
(3) The second appellate authority, if it
is satisfied that the Public Grievance Redressal
Officer or any other public authority or the first
appellate authority has failed to discharge the
duties assigned to him under this Act, without
assigning sufficient and reasonable cause, may
recommend action against him under the service
rules applicable to him.
9. Revision.-
The Public Grievance Redressal
Officer or any other public authority or first
appellate authority aggrieved by an order of the
second appellate authority in respect of imposing of
penalty under this Act, may make an application for
revision of the order to the officer or authority
nominated by the State Government within a period
of sixty days from the date of that order. The
nominated officer or authority shall dispose of the
application in accordance with the prescribed
procedure:
Provided that the officer or authority
nominated by the State Government may entertain
an application after the expiry of the period of sixty
days but not exceeding seventy five days, if he is
satisfied that the applicant was prevented by
sufficient cause from filing the appeal in time."
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
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8. The brief facts of the writ petition bearing CWJC
No.17638 of 2023 are that one Prafull Ranjan (Private
Respondent no.7) on 30.05.2022, filed a complaint before the
District Public Grievance Redressal Officer, District - Siwan
(hereinafter referred to as 'DPGRO Siwan') stating that there
have been misappropriation and embezzlement in the purchase
and distribution of the masks and sanitizers during pandemic
period of Covid-19 during the Financial Year 2020-21 to 2021-
22 in Prakhand (Block) Goreyakothi, District - Siwan by the
Mukhiya and Panchayat Secretaries of Block - Goreyakothi.
This complaint was entertained and disposed of vide order dated
23.09.2022
by DPGRO, Siwan, wherein findings have come
that "allegations against the Government servants and Mukhiyas
are not proved". By this order the DPGRO, Siwan has found the
Government Servants and Mukhiyas innocent. Upon being
aggrieved by the judgment/order of the DPGRO, Siwan, the
Private Respondent No.7 filed appeal before First Appellate
Authority - cum - Pramandal Commissioner, Saran Pramandal
Chhapra (Resp. No.2) on 20.10.2022, and the First Appeal dated
20.10.2022 was disposed of by the First Appellate Authority -
cum - Commissioner, Saran Pramandal, Chhapra (Resp. No.2)
by judgment/order dated 15.12.2022, whereby District Officer,
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
Siwan was directed to take appropriate action against the
alleged persons, which is under challenge before this Court.
Again on account of non-compliance of judgment/order dated
15.12.2022 passed by the Resp. No.2, Commissioner, Saran
Pramandal Chhapra, the private respondent no.7 filed second
appeal dated 15.01.2023 before 2nd Appellate Authority-cum-the
Principal Secretory Panchayati Raj Department, State of Bihar,
which was adjudicated by judgment/order dated 07.06.2023,
whereby the District Officer, Siwan (Respondent no.3) has been
directed to lodge FIR against the petitioners (Mukhiya, Up-
Mukhiya) and Panchayat Secretaries, which is also under
challenge before this Court. Same facts have been reiterated in
CWJC No.10229 of 2023. (Emphasis supplied)
9. The original complaint has not been brought on
record of the writ petition, however, the summary of the
complaint as enumerated by the District Public Grievance
Redressal Officer, is annexed as 'Annexure-1' to the writ
petition.
10. The petitioners have stated in paragraph no. 16
of CWJC No.17638 of 2023 and paragraph no.12 of the CWJC
No.10229 of 2023 that they were not served notice and without
giving any opportunity of hearing to them by the First Appellate
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
Authority and the Second Appellate Authority, an order dated
15.12.2022 was passed by the First Appellate Authority and an
order dated 07.06.2023 was passed by the Second Appellate
Authority.
11. The provisions of Section 26(5) of the Act,
2006, for utilization of the fund and once the same is
misappropriated, in any manner, power is vested in the
Additional Chief Secretary to take appropriate action, under
sub-Section 5 of Section 18 of the Act. Sub-Section 5 of Section
26 of the Act, 2006 and Sub-Section 5 of Section 18 of the Act,
2006, are reproduced hereinafter:
26. Property and Funds of Gram
Panchayat : --
(5) For every Gram Panchayat there
shall be constituted a Gram Panchayat Fund
bearing the name of the Gram Panchayat and there
shall be placed to the credit thereof --
(a) Contributions and grants, if any,
made by the Central or the State Government;
(b) Contributions and grants, if any,
made by the Zila Parishad, Panchayat Samiti or any
other local authority;
(c) Loans, if any, granted by the
Central or the State Government;
(d) All receipts on accounts of taxes,
rates and fees levied by it;
(e) All receipts in respect of any
schools, hospitals, dispensaries, buildings,
institutions or works vested in, constructed by or
placed under the control and management of the
Gram Panchayat;
(f) All sums received as gift or
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
contribution and all income from any trust or
endowment made in favour of the Gram Panchayat;
(g) Such fines and penalties imposed
and realised under the provisions of this Act as may
be prescribed; and
(h) All other sums received by or on
behalf of the Gram Panchayat.
18.(5) Without prejudice to the
provisions under this Act, if, in opinion of the
Commissioner having territorial jurisdiction over
the Gram Panchayat, a Mukhiya or an Up-Mukhiya
of Gram Panchayat absents himself without
sufficient cause for more than three consecutive
meetings or sittings or willfully omits or refuses to
perform his duties and functions under this Act, or
abuses the power vested in him or is found to be
guilty of misconduct in the discharge of his duties
or becomes physically or mentally incapacitated for
performing his duties or is absconding being an
accused in a criminal case for more than six
months, the Commissioner may, after giving the
Mukhiya or Up-Mukhiya a reasonable opportunity
for explanation, by order, remove such Mukhiya or
Up-Mukhiya, as the case may be, from office. The
Mukhiya or Up-Mukhiya so removed shall not be
eligible for re-election as Mukhiya or Up-Mukhiya
or Member of Gram Panchayat during the
remaining term of office of such Gram Panchayat.
12. Though, the aforesaid statutory provisions do
not bestow any power to the Additional Chief Secretary to lodge
an FIR. Moreover, the order may be interfered on account of the
fact that on consideration of the Impugned Order passed by the
Second Appeal Authority by passing a general order without
giving opportunity of hearing to all the Mukhiyas and any
material brought on record, such as, audit report and details of
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
the expenditure incurred by the concerned Gram Panchayat and
also on account of no consideration has been made in the order
with respect to the number of jeevika Center operating in the
Gram Panchayat or its neighboring villages, as well as, in
absence of any evidence taken into consideration by the
Additional Chief Secretary that any SOP (Standard Operating
Procedure) during the said period with respect to the individual
Panchayat to purchase sanitizer by the Mukhiya of the
Panchayat from a particular center to be distributed among the
villagers, during the Covid-19 pandemic period. The order
passed by the First Appellate Authority, as well as, the Second
Appeal Authority, in absence of such consideration calls for
interference.
13. I am of the opinion in absence of proper
pleading made in the present writ petition I don't find it fit for
exercising extraordinary jurisdiction under Article 226.
14. The writ petitions fail. The petitioners had
remedy of revision provided under Section 9 of the Bihar Public
Grievance Redressal Act, 2015, which was required to be filed
within a period of 60 days from the date of passing of the
Second Appellate Authority order. The petitioners, instead of
filing revision, in a misconceived manner, have approached this
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
Court.
15. The present writ petition was registered on
22.07.2023. In case petitioner avail remedy of Revision, the
Revisional Authority may consider the limitation in view of the
fact that the writ petition was registered on 13.12.2023.
16. This Court, however, caution the petitioners not
to file writ petition without proper pleading and evidence in
support of the relief(s) prayed for as, in the present writ petition.
The Apex Court in case of Bharat Singh & Ors. Vs. State of
Haryana & Ors.(AIR 1988 SC 2181) in similar facts and
circumstances, as that of the present writ petition, where the
facts were stated but not supported with evidence in the writ
petition or counter affidavit, has deprecated the practice and has
declined to entertain such petition. In the said judgement, in
paragraph no.13 the Apex Court has made following
observations:
"13. As has been already noticed,
although the point as to profiteering by the State was
pleaded in the writ petitions before the High Court
as an abstract point of law, there was no reference to
any material in support thereof nor was the point
argued at the hearing of the writ petitions. Before us
also, no particulars and no facts have been given in
the special leave petitions or in the writ petitions or
in any affidavit, but the point has been sought to be
substantiated at the time of hearing by referring to
certain facts stated in the said application by
HSIDC. In our opinion, when a point which is
ostensibly a point of law is required to be
substantiated by facts, the party raising the point, if
he is the writ petitioner, must plead and prove such
Patna High Court CWJC No.17638 of 2023 dt.06-03-2024
facts by evidence which must appear from the writ
petition and if he is the respondent, from the
counter-affidavit. If the facts are not pleaded or the
evidence in support of such facts is not annexed to
the writ petition or to the counter-affidavit, as the
case may be, the court will not entertain the point. In
this context, it will not be out of place to point out
that in this regard there is a distinction between a
pleading under the Code of Civil Procedure and a
writ petition or a counter-affidavit. While in a
pleading, that is, a plaint or a written statement, the
facts and not evidence are required to be pleaded, in
a writ petition or in the counter-affidavit not only the
facts but also the evidence in proof of such facts
have to be pleaded and annexed to it. So, the point
that has been raised before us by the appellants is
not entertainable. But, in spite of that, we have
entertained it to show that it is devoid of any merit."
17. With the aforesaid observations and directions,
the present writ petition stands disposed of.
(Purnendu Singh, J.)
Ashishsingh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.03.2024
Transmission Date NA
