The court emphasized the necessity of procedural adherence in administrative employment matters and the power of state authorities under relevant sections for enforcement.

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 22-12-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the petitioner was working as Gram Katchahry Secretary at Gram Panchayat Raj, Bakhra, under Saraiya Block of Muzaffarpur District.

3. Counsel further submits that, by order of the Sarpanch, the petitioner was removed from the post of Gram Katchahry Secretary. He further submits that the services of the petitioner are guided by the Bihar Gram Katchahry Secretary (Employment, Service Conditions and Duties) Rules, 2014 (hereinafter referred to as the Rules of 2014). He further submits that under the said Rules of 2014, an appeal relating to the employment of the Gram Katchahry Secretary lies before the District Panchayati Raj Officer within 30 days. He further submits that the petitioner moved before the District Panchayati Raj Officer, and the said Appellate Authority was pleased to set aside the order passed by the Sarpanch with a specific direction that his joining be accepted with immediate effect. He further submits that the same is contained in Annexure-3 vide Memo No. 2116 dated 03.09.2021. He further submits that, according to him, the statutory remedy to move before the higher authority has come to an end under the Rules of 2014, and as such, he has preferred the present writ petition under Article 226 of the Constitution of India.

4. Learned counsel for the State, on the other hand, submits that the Sarpanch, i.e., respondent No. 6, has to accept the joining of the petitioner and he is not obeying the order of the Appellate Authority, which is not correct.

5. In light of the submissions made above, and after going through the provisions laid down under Section 97 (5) read with Section 152 of the Bihar Panchayat Raj Act, 2006 (Bihar Act 6 of 2006), where power is vested in the State of Bihar to issue a notification with regard to developing a system of Lok Prahari, and power is also vested in the Government to inquire into the affairs of the Panchayat and refer the matter before the Lok Prahari, the Government has to establish a system of Lok Prahari for Panchayat and Gram Katchahry.

6. In this view of the matter, this Court hereby directs the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna (respondent No. 1), to file a separate counter affidavit in this matter within two weeks as to whether the State of Bihar has established a system of Lok Prahari for Panchayat and Gram Katchahry, as mentioned in Section 152 (5) of the Bihar Panchayat Raj Act, 2006 (Bihar Act 6 of 2006), or not. If not, then it is directed to establish the said system within four weeks from the date of communication of this order.

7. Respondent No. 6 (the Sarpanch of Gram Panchayat Raj, Bakhra, Saraiya, Muzaffarpur) is hereby also directed to file a counter affidavit as to why action laid down under the proviso to sub-section (5) of Section 97 of the Bihar Panchayat Raj Act, 2006 (Bihar Act 6 of 2006), read with Section 152 of the said Act, should not be recommended to be initiated by the Government. He shall file the affidavit within four weeks.

8. It is hereby made clear that the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna (respondent No. 1), and the Sarpanch of Gram Panchayat Raj, Bakhra, Saraiya, Muzaffarpur (respondent No. 6) shall file their separate affidavits within the stipulated time.

9. Re-notify this matter on 30.01.2026.

(Dr. Anshuman, J.)