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.

JUDGMENT :

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner is an elected Mukhiya of Patharaura Gram Panchayat, under Rajgir Block, in Nalanda district which was held in the year 2016. He challenging the order dated 03.08.2020, passed by the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar (respondent no.2), vide letter no.4817 dated 19.08.2020 (Annexure-P10 to the writ petition) by which the petitioner was removed from the post of Mukhiya under the provision of Section 18 (5) of the Bihar Panchayati Raj Act, 2006 (hereinafter referred to as the ‘Act’ for the sake of brevity) and for other ancillary reliefs.

3. Learned counsel for the petitioner submits that ex-Mukhiya of Patharaura Gram Panchayat, namely Ranjeet Kumar and his friend Sagar Paswan made an application dated 24.12.2018 before the District Magistrate, Nalanda, with respect to remove the petitioner from his elected post as Mukhiya under Section 18 (5) of Bihar Panchayati Raj Act, 2006, alleging of financial irregularities and accusation of bribery case. Pursuant to above application, the District Magistrate, Nalanda, forwarded to Deputy Development Commissioner, (D.D.C.), Nalanda for enquiry. Now D.D.C., Nalanda, vide Letter no.2568 dated 31.12.2018 (Annexure-P1 to the writ petition) directed Rajgir, B.D.O. to make physical enquiry and sent enquiry report to him. The Ward Member of Ward No.06 of Patharaura Gram Panchayat, who filed an application with respect to accusation of demanding bribery by the petitioner and in this regard an FIR, has been lodged under Section 7 of Prevention of Corruption Act’ before Vigilance Police Station in the Patna District bearing Vigilance Case No. 34/2018 dated 06.08.2018 (Annexure-P2 to the writ petition) which is still pending before the learned court of Special Judge, Vigilance, Patna. Petitioner has arrested and has been released on bail on 14.12.2018.

4. Learned counsel for the petitioner submits that the B.D.O., Rajgir sent a detailed enquiry report to the D.D.C., Nalanda, vide Letter No.89, dated 17.01.2019 in which B.D.O., Rajgir (Annexure-P4 to the writ petition), himself requested for a District Level Enquiry, since according to Rajgir B.D.O., there is an involvement of JE(Junior Engineer)/PS (Panchayat Sevak)/PRS (Panchayat Rojagar Sevak/PO (Programme Officer) (AnnexureP4). The Sub-Divisional Magistrate, Rajgir, to conduct an enquiry in this regard and sent a detailed report to the District Panchayati Raj Officer, Nalanda (respondent no.6), vide Letter No.261/Gop, dated 26.04.2019 (Annexure-P3 to the writ petition).

5. Learned counsel for the petitioner submits that the petitioner was served a show cause notice vide Letter No. 622/Pan., dated 27.04.2019 (Annexure-P5 to the writ petition) and filed a show cause notice in relation to the enquiry report of the B.D.O., Nalanda, and allegations of financial irregularities of his different tenures including one allegation of financial irregularities and another about vigilance case with respect to the present tenure.

6. Learned counsel for the petitioner submits that the petitioner submitted his detailed show cause notice on 04.05.2019 with respect to all allegations of financial irregularities of his previous and present tenure alongwith evidence in support (Annexure-P6 to the writ petition). Learned counsel for the petitioner submits that the District Magistrate, Nalanda, did not serve any notice to the petitioner and without any hearing or examination any evidentiary materials recommended for removable of petitioner from the post of Mukhiya of Patharaura, Gram Panchayat and the petitioner knew this only when a notice for hearing was sent to him by the Principle Secretary, Panchayati Raj Department, Government of Bihar, alongwith Letter no.1642/P dated 06.09.2019 wherein the District Magistrate, Nalanda, had sent a letter to the Principle Secretary, Panchayati Raj Department, Government of Bihar,