MOHIT KUMAR SHAH, J.:–The present petition has been filed seeking the following reliefs:—

“1(a). To issue a writ of certiorari or any other writ or writs direction for quashing the order dated 28.10.2019 passed by the Principal Secretary, Panchayati Raj Department, Bihar, Patna (contained in Annexure-8) vide memo no. 7085 dated 05.11.2019 whereby and whereunder the petitioner has been removed from the post of Mukhiya of Gram Panchayat Raj, Lohdan Block-Chand, District- Kaimur at Bhabua for the left over period of Gram Panchayat, on the charge of defalcation of public fund though the defalcated amount alongwith interest has been deposited in the account. It has also been ordered for recovery of compound interest for the period of defalcated amount was kept by the petitioner holding that the defalcated amount would have been used by the petitioner for her personal use.”

2. The brief facts of the case are that the petitioner was elected as a Mukhiya of Gram Panchayat Raj Lohdan, Block-Chand, District-Kaimur at Bhabua and in the financial year 2016-17, funds were allocated to the Gram Panchayat for implementation of the scheme of “Saat Nischay” wherein funds were to be used for the construction of concrete striate and drainage system as well as for management of drinking water. The fund was transferred to the aforesaid Panchayat whereafter the petitioner is stated to have defalcated a sum of Rs. 33.97 lakhs. A show cause notice was then issued to the petitioner vide Memo dated 10.10.2018 by the District Panchayat Raj Officer, Kaimur, asking the petitioner to submit her show cause reply as to why appropriate action be not taken against the petitioner under Section 18(5) of the Bihar Panchayat Raj Act, 2006 in view of defalcation of a sum of Rs. 33.97 lakhs by her. The petitioner is stated to have then submitted her reply stating therein that by mistake the said amount had been withdrawn, however, it was submitted that a sum of Rs. 35,22,288/- i.e. the principal amount along with the interest thereon, has already been deposited by the petitioner in the public account. Thereafter, the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna, by the impugned order dated 28.10.2019/01.11.2019, contained in Memo No. 7085 dated 05.11.2019 has been pleased to remove the petitioner from the post of Mukhiya of Gram Panchayat Raj, Lahdan, Block-Chand, District-Kaimur at Bhabua for the left over period on the charge of defalcation of public funds. The learned counsel for the petitioner has submitted that the petitioner is an innocent lady and in fact the Panchayat Secretary had defalcated the amount in question whereupon the petitioner has been made an scapegoat, however, the fact remains that the petitioner has already deposited the alleged defalcated amount along with the interest accrued thereupon, hence a liberal view be taken. It is further submitted, by referring to Section 18(5) of the Panchayati Raj Act, 2006, that the entire actions of the respondents are illegal inasmuch as the said provision of law provides for a system of Lok Prahari, however, the same has not yet been put in place.

3. Per contra, the learned counsel for the State by referring to the counter affidavit filed on behalf of the respondent no. 1 has submitted that the State Government has framed the Bihar Panchayat (Inspection of Offices & Enquiry into Affairs, Supervision & Guidelines) Rules, 2014 (hereinafter referred to as the ‘Rules 2014’) and under Rule 4(3) of the said Rules, 2014, the District Magistrate concerned has been vested with the power to enquire into such affairs in which complaints have been received against Mukhiya or Up- Mukhiya or members or Executive Officer of a Panchayat Samiti with regard to non-discharge of functions by them, according to the provisions of the Bihar Panchayat Raj Act, 2006 as also regarding willful disobedience of the directions of the State Government or competent authority and regarding commission of financial