IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2507 of 2010 1. SWAMI NATH BHAGAT S/O BISHUN BHAGAT R/O VILL- KHALGAON, P.S- KATEYA, DISTT- GOPALGANJ, MUKHIYA GRAM PANCHAYAT RAJ KHALGAON Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR DEPARTMENT PANCHAYAT RAJ, BIHAR PATNA 3. THE COMMISSIONER, SARAN DIVISION, CHAPRA 4. THE DISTRICT MAGISTRATE, GOPALGANJ 5. THE BLOCK EDUCATION EXTENSION OFFICER, PANCHDEVARI, P.S- KATEYA, DISTT- GOPALGANJ 6. THE AREA EDUCATION OFFICER, BHOREY, GOPALGANJ 7. THE DISTRICT EDUCATION OFFICER, GOPALGANJ, BIHAR 8. THE RANJIT KUMAR TIWARI S/O SRI BRAJ KISHORE TIWARI R/O JAMUNAHA, P.S KATEYA, DISTT- GOPALGANJ 9. MOKHTAR RAM null PANCHAYAT SECRETARY, PANCHAYAT RAJ KHALGAON, P.S KATEYA, DISTT- GOPALGANJ 10. SHAHIDA KHATOON MEMBER BLOCK DEVELOPMENT COMMITTEE (B.D.C.), PANCHAYAT RAJ KHALGAON, P.S KATEYA DISTT- GOPALGANJ 11. KALAWATI DEVI PANCHAYAT MEMBER BATAL CHORAHA, MEMBER SHIKSHAK NYAOJAN SAMITI, PANCHAYAT RAJ KHALGAON, P.S KATEYA, DISTT- GOPALGANJ 12. RAJENDRA MISHRA, ASSISTANT TEACHER, CHHITAWNA, MEMBER PANCHAYAT NIYOJAN SAMITI, PANCHAYAT RAJ, KHALGAON, P.S- KATEYA, DISTT- GOPALGANJ ----------- 2/ 19/04/2011 From the record as it stands, the petitioner is aggrieved by a recommendation dated 6.10.2009 made by the District Magistrate recommending his removal from the post of Mukhiya addressed to the Commissioner. Earlier it was the Commissioner and now it is the State Government which has been vested with the statutory power to be exercised in a manner prescribed in the Statute after giving of a show cause notice and adequate opportunity for defence to the person concerned. A mere recommendation does not amount to removal by the statutory authority. The writ application is premature. It is accordingly disposed. KC ( Navin Sinha, J.)