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2021 Supreme(Pat) 723

ANIL KUMAR SINHA
Sarita Devi – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. Shashi Bhushan Kumar Manglam, for the Appellant; Mr. Satya Vrat, AC to GP 10, for the Respondent.

JUDGMENT

1. The petitioner, who, at the relevant point of time, was the Mukhiya of Gram Panchayat Raj East Soren, under the Makhdumpur Block, in the district of Jehanabad, has filed the present writ application, for quashing order, dated 14.12.2020, passed by respondent no. 2-the Additional Chief Secretary -cum-Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna, whereby the petitioner has been removed from the post of the Mukhiya, Gram Panchayat Raj East Soren, in exercise of power conferred upon the State Government, under Section 18 (5) of the Bihar Panchayat Raj Act, 2006 (herein after referred to as the 2006 Act') with further direction to the District Magistrate, Jehanabad, to take steps for recovery of the alleged misappropriated amount from the petitioner as well as the Panchayat Secretary, under the Bihar and Orissa Public Demand Recovery Act. The further prayer of the petitioner is for a direction to the respondent authorities to reinstate her on the post of Mukhiya of the Gram Panchayat Raj East Soren.

2. The brief fact, involved in the present writ application, is that the District Magistrate, Jehanabad, vide letter no. 1266, dated 07.12.2018, recom

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