JUDGMENT

1. The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

2. The present writ petition has been filed for quashing the orders dated 27.01.2021, passed by the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna, whereby and whereunder orders have been passed to discharge the petitioners from the post of Mukhiya, Gram Panchayat Raj Chenari and Kenarkala, District-Rohtas as also the orders dated 09.02.2021, passed by the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna, whereby and whereunder orders have been passed to discharge the petitioners from the post of Mukhiya, Gram Panchayat Raj, Ughani, Dihara and Banauli, District-Rohtas.

3. The brief facts of the case are that all the petitioners, who are Mukhiyas of different Gram Panchayats in the State of Bihar were elected in the year 2016, whereafter they are stated to have been working diligently. It is submitted that as per the provision and recommendation of the 14th Finance Commission report, the Panchayati Raj authorities i.e. the Mukhiyas were authorized to install solar lights in their Panchayat Raj area and for this purpose the Government of Bihar had issued various circulars. Thereafter, the District Magistrate, Rohtas had directed the Block Development Officer, Chenari to provide all necessary assistance to all the Mukhiyas including the petitioners herein for installation of solar light in the village street and funds were also transferred. It is the case of the petitioners that they had followed the government guidelines and had entered into agreements with various contractors for installation of solar lights in the village streets, after the decision of the Panchayats which were being headed by them and then they had utilized the funds for the work of installation of solar lights, however, the Contractors/Firms, which were given the work order, had engaged in delay in completing the work. Nonetheless, a team of MANREGA's officials had visited various places in the village where work had started and had conducted an inspection whereupon the work was found to be thoroughly unsatisfactory, hence a recommendation was made to the authorities for initiation of departmental proceeding against the petitioners, whereafter show cause notice was issued to the petitioners and after seeking their reply as also after hearing them, the impugned orders dated 27.01.2021 and 09.02.2021 were passed in an illegal manner.

4. The learned counsel for the petitioner Shri Alok Kumar Choudhary has submitted, by referring to section 18(5) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 'Act, 2006') that since a system of Lok Prahari has not been put in place by the State Government, the State Government cannot pass order of removal of Mukhiya or Up-Mukhiya inasmuch as such order of removal has to be passed in light of the enquiry and recommendation of Lok Prahari, however, in the State of Bihar the system of Lok Prahari has not come into being. In this regard, the learned counsel for the petitioner has referred to a judgment rendered by the learned Division Bench of this Court dated 27.04.2010 passed in L.P.A. No. 520 of 2010 (Rambha Devi vs. The State of Bihar & Ors.), paragraph nos. 10 and 11 whereof are reproduced herein below:-

"(10) Judged in this context, when the Legislature has provided grounds of wilful omission or refusal in performing of duties and functioning under the Act or abusing power vested in him or is found to be guilty of misconduct in discharge of his duties, such seriousness allegation have to be by itself be grounded on specific instances, concrete materials and unrebuttable conclusion in this regard.

(11)This aspect of the matter stands settled in the judgment of the Apex Court in the case of Tarlochan Dev Sharma Vs. State of Punjab & Ors reported in