ANIL KUMAR SINHA
Sarita Devi – Appellant
Versus
State Of Bihar – 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
The court established that the petitioner's involvement in financial irregularities and bribery constituted gross misconduct under Section 18 (5) of the Bihar Panchayati Raj Act, 2006.
Compliance with the principles of natural justice and the authority of the Chief Executive Officer under Section 92 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.
The court upheld the dismissal of a public servant for misappropriation of funds, citing the lack of violation of natural justice and the adequacy of the disciplinary proceedings.
Section 14 (1)(g) of the Maharashtra Village Panchayats Act, 1958 aims to disqualify a Sarpanch who misuses their position by misappropriating public money through contracts awarded to relatives.
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