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MOHIT KUMAR SHAH
Rajavansh Paswan – Appellant
Versus
State Of Bihar – Respondent
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. t
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.
Passing illegal resolution to divest Sarpanch of signing authority despite statutory bar and caution, and deferring welfare funds thereby, constitutes willful misconduct warranting removal of Up-Sarp....
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