IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11087 of 2007 Vijay Kumar Dwevedi, son of Sri Muktinath Dwevedi, resident of village Manjholia, P.O. Manjholia, in the district of Gopalganj … Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Gopalganj 3. The District Extension Officer, Gopalganj 4. Block Education Extension Officer, Vijaypur Block, Gopalganj 5. Subhash Prasad Yadav, son of late Laxmi Prasad Gupta, Mukhiya, Panchayat Raj Manjholia, P.O. Manjholia, P.S. Vijaypur, in the district of Gopalganj … Respondents ---------------------------------- 2. 8.11.2011 Heard counsel for the parties. When the Constitution framers had envisaged the democracy at grass root level it was expected that the people involved at grass root level would also rise to the occasion and to do the needful to improve the lot of downtrodden people residing in rural area. The said expectation however has remained elusive as would be noticeable from the facts of this case. Admittedly the petitioner was appointed as a teacher in a programme known as ‘Education for all’ on 29.2.2004 and had continued to discharge the duty upto 29.9.2006 when such programme was disbanded. The programme in question though floated at the initiative of the State Government was sought to be supervised, implemented and executed at the Gram Panchayat level. In fact the petitioner’s appointment also was made by the Block Education Extension Officer cum Coordinator, Block Source Centre, Vijayipur on 29.2.2004, wherein his name had been inadvertently recorded as Sunil Kumar Dwevedi and was later on corrected as Vijay Kumar Dwevedi. The petitioner having 2 worked satisfactorily for the aforementioned period of more than 2½ years and having been not paid his remuneration had intially moved before all the concerned authorities and ultimately on an enquiry held by the Block Education Extension Officer, Vijaypur and his report submitted to the Block Development Officer, Vijaypur it could transpire that the legitimate amount of payment of salary was not made due to lapse and latch on the part of the Panchayat Sachiv and the Mukhiya of Vijaypur Gram Panchayat. It is unfortunate that even after receipt of the aforesaid enquiry report and a specific direction given by the Block Development Officer to the Panchayat Sachiv on 6.6.2007 the payment of remuneration for the period in question (29.2.2004 to 29.9.2006) was not made to the petitioner and he had to file this writ application on 27.8.2007. As usual there is no counter affidavit on behalf of the State and its officials who do not find necessary to file pleadings in pending litigations in this Court. It is also really difficult to believe that a Panchayat Sachiv, who is a Government servant, can act in defiance and avoid the order of the Block Development Officer or for that purpose of the Collector of the District. If the Panchayat Sachiv had any such problem of non-payment of remuneration due to stubborn attitude or insistence of the Mukhiya it was he who was supposed to submit his report to the Collector so that the necessary direction on administrative ground as envisaged in Bihar Panchayat Raj Act, 2006 could have been taken. This Court, however, is in complete dark as to what action was taken by the 3 B.D.O. after he had come to know of the defiance by the Panchayat Sachiv and the Mukhiya concerned. Keeping this writ application pending in fact would also be of no avail nor this Court is now inclined to issue notice to respondent no.5 Subhash Prasad Yadav, the Mukhiya who alongwith the Panchayat Sachiv seem to be prima facie responsible for non-payment of remuneration to the petitioner for the work done by him for the Education for all project. In such circumstances, this Court would direct the Collector of Gopalganj District to now first ensure that the amount of remuneration payable to the petitioner for the period 29.2.2004 to 29.9.2006 is paid to him within a period of three months from the date of receipt/ production of a copy of this order. The Collector of the District in case of lack of co-operation on the part of the Mukhiya of Gram Panchayat in question would make such payment from any of the fund which is to be released in favour of Manjholia Gram Panchayat on the head of Educational Project. The Collector of Gopalganj District having ensured payment to the petitioner will not stop his actions but would also initiate a disciplinary proceeding against the Panchayat Secretary in question who had flouted the direction of the B.D.O. and did not ensure payment of remuneration to the petitioner. Such disciplinary proceeding against the erring Panchayat Secretary must be completed within a period of six months from the framing of charge by the Collector of the District. That will not also be the end of the matter and if the 4 Collector finds that the public fund was embezzled either by the Mukhiya particularly Subhash Prasad Yadav or jointly by Subhash Prasad Yadav and the Panchayat Secretary in question he will also direct the B.D.O. to lodge a F.I.R. as with regard to embezzlement and/or misappropriation of Government fund meant for payment of remuneration to the petitioner. This exercise also must be completed within a period of six months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/