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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Rakesh Kumar Singh @ Rakesh Kumar S/o Late Krishnandan Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
1. Heard Mr. Radha Mohan Pandey, learned counsel for the petitioner, Mr. Prateek Kumar Sinha, learned AC to GA-5 for the State of Bihar and Mr. S.B.K. Manglam, learned counsel for respondent No. 7.
2. The petitioner was an elected Pramukh of Block Panchayat Samiti, Keshariya, East Champaran. He is aggrieved by an order dated 04.01.2021, passed by the Additional Chief Secretary, Panchayat Raj Department, Government of Bihar in exercise of power under Section 44(4) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as ‘Act’). It is the petitioner’s own case that the said impugned order came to be passed two months before the petitioner’s tenure as Pramukh was coming to an end. It is an admitted position thus that, even if the grounds raised in the writ petition to challenge the impugned order are accepted, he cannot be restored to his position, his tenure having come to an end.
3. The petitioner's challenge to the impugned order is mainly on the ground that there was no valid service of notice of the proceeding of his removal in exercise of power under Section 44(4) of the Act and, therefore, the action violating principles of natural ju
Disqualification under Section 14(1)(d) of the Panchayats Act applies automatically post-removal under Section 39, upheld by the court highlighting the legal effects of interim orders.
The removal of elected office-bearers requires adherence to principles of natural justice and statutory enquiry provisions.
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
Violation of natural justice principles due to failure to provide key evidence and opportunity to contest allegations under the Panchayat Raj Adhiniyam.
The removal of an elected office-bearer must adhere to principles of natural justice, ensuring a fair opportunity to defend against allegations.
Violation of principles of natural justice in administrative proceedings under Section 40 of the Panchayat Raj Adhiniyam, 1993.
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