Hirawati Devi vs State of Bihar - 2021 Supreme(Pat) 1058

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 1058

MOHIT KUMAR SHAH
Hirawati Devi – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: Mr.Shyam Bihari Singh
For the Respondent: Mr. Ajay.

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 const

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