IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.13441 of 2010 ==================================================== Sajjan Kumar S/o Late Bhuneshwar Sharma, resident of Village- Govindpur, P.S. Sangrampur, District-Munger. …. …. Petitioner Versus 1. The State of Bihar. 2. The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 3. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna. 4. The Director, Panchayati Raj Department, Government of Bihar, Patna. 5. The Principal Secretary, Cabinet Vigilance Department, Government of Bihar, Patna. 6. The Commissioner, Munger Division, Munger. 7. The District Magistrate, Munger, District-Munger 8. The Deputy Development Commissioner, Munger, District-Munger. 9. The District Panchayati Raj Officer, Munger. 10. The Block Development Officer-cum-Programme Officer, Sangrampur, District-Munger. 11. The Additional Director General of Police (Vigilance), Investigation Bureau, Patna. 12. Smt. Putul Devi, Mukhiya Gram Panchayat Raj, Didarganj W/o Suman Sah, R/o Village-Kumarsar, P.S.-Sangrampur, District-Munger. …. …. Respondents ==================================================== Appearance : For the Petitioner: Mr. Subodh Kumar Jha, Advocate For the Respondent: Mr. Rajesh Kumar Verma, S.C.-11 ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 31.8.2010. The petitioner, a resident of Village- Govindpur, P.S. Sangrampur, District-Munger, has filed this petition under Article 226 of the constitution in public interest pointing out inaction of the respondent authorities in respect of one Smt. Putul Devi, Mukhiya, Gram Panchayat Raj, Didarganj, respondent no.12 - 2 - herein. It is the claim of the petitioner that the said Smt. Putul Devi has abused her position, has resorted to corrupt practices and has amassed wealth beyond her known resources. In the counter affidavit, made by the Panchayati Raj Officer, Munger, the allegations made against the aforesaid Smt. Putul Devi are admitted. It is stated that the Deputy Development Commissioner, Munger has made enquiry on the complaints made against the aforesaid Smt. Putul Devi. He has opined that the aforesaid Smt. Putul Devi has, in connivance with her husband and the brother-in-law, misappropriated the public money allotted under several schemes. A criminal complaint has also been lodged against the said offenders for offences punishable under Sections 406, 409, 420, 467, 468, 471 read with 34 I.P.C. and is registered as Sangrampur P.S. Case No.67/10. Learned Advocate Mr. Subodh Kumar Jha has appeared for the petitioner. He has submitted that though criminal complaint has been lodged against the aforesaid Smt. Putul Devi, it is in respect of a few of the incidences and all the incidences of corrupt practices resorted to by her have not been included in the first information report. He has also submitted that though there are complaints against the said Smt. Putul Devi, which have been, prima facie, found to be true, the respondent authorities have failed to take action for removal of the said Smt. Putul Devi. We quite appreciate the anxiety shown by - 3 - the writ petitioner. We also wonder why the respondent authorities have not taken action against the elected Mukhiya for abusing her authority and for indulging in corrupt practices. In above view of the matter, we direct the State Government and the Commissioner, the respondent no. 6 to consider the matter and to exercise the power of removal of elected Mukhiya after following due procedure. We trust that the above respondents will pay immediate attention to this matter. Subject to the above direction, Petition is disposed of. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)