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ASHUTOSH KUMAR, JITENDRA KUMAR
Akhtar Ali – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—Heard Mr. Sanjay Singh, learned Senior Advocate for the appellant and Mr. Manish Kumar, learned AC to AAG-6 for the State.
2. Invoking the provisions contained in Section 18 (5) of the Bihar Panchayat Raj Act, 2006, the appellant was removed from the post of Mukhiya of Kazipur Gram Panchayat in Simri Block in the District of Buxar.
3. Three charges were levelled against him viz. (i) the work executed under two different schemes were not according to the proposed plan; (ii) at one spot, two projects were shown to have been carried out for which money was withdrawn and (iii) lastly that there was financial irregularity in withdrawal of money without observing necessary formalities or getting an inspection done by the Public Construction Committee before concluding the project work.
4. The aforesaid order of removal passed by the Principal Secretary, Panchayati Raj Department was sustained by the learned Single Judge vide his order dated 21.01.2021 passed in C.W.J.C. No.4559 of 2020.
5. Mr. Singh, learned Senior Advocate for the appellant has drawn the attention of this Court to the fact that even though the learned Single Judge had found that two out of the three charg
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.
The main legal point established in the judgment is that the removal of the petitioner from the post of Sarpanch was illegal and beyond the scope of Section 57(1) of the Gujarat Panchayats Act, 1993.
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