IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20346 of 2010 RAMESHWAR RAM, SON OF LATE RAM DATTA RAM, RESIDENT OF NARGAN, POLICE STATION BELA, DISTRICT SITAMARHI, AT PRESENT MUKHIYA, GRAM PANCHAYAT RAJ, NARGAN NORTH, POLICE STATION BELA, DISTRICT SITAMARHI. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE SECRETARY, PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR, PANCHAYATI RAJ DEPARTMENT, BIHAR, PATNA. 5. THE DISTRICT MAGISTRATE, SITAMARHI. 6. THE DISTRICT PANCHAYATI RAJ OFFICER, SITAMARHI. 7. THE DISTRICT SUPERINTENDENT OF EDUCTION, SITAMARHI. 8. BLOCK EDUCATION EXTENSION OFFICER, PARIHAR, SITAMARHI. 9. THE SECRETARY, GRAM PANCHAYAT, NARGAN NORTH, P.S. BELA, DISTRICT SITAMARHI. 10. THE HEADMASTER, PRIMARY SCHOOL, NARGAN SANSKRIT PARIHAR, P.S. BELA DISTRICT SITAMARHI. For the petitioner : M/s. Arvind Kumar, Dhruw Swamini, Advocates. For the State : Mr. Vinay Kirti Singh, SC-V. ----------- 02. 21.12.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner, the Mukhiya of Naranga North Gram Panchayat within the district of Sitamarhi is aggrieved by the recommendations of the Collector, Sitamarhi bearing Memo No.56 dated 2.12.2010, Annexure-1, whereunder learned Collector has requested the State Government to take action against the petitioner for his removal from the post of Mukhiya in terms of the provision contained in Sub-Section-(5) of Section-18 of the Bihar Panchayat Raj Act, 2006 as also to lodge First Information Report against him. - 2 - 3. It is submitted on behalf of the petitioner that the executive committee of the Gram Panchayat took disciplinary action against the two panchayat teachers and removed them. The teachers moved this Court and obtained status quo order vide order dated 30.3.2010 passed in C.W.J.C. No.4347 of 2010. It is submitted that notwithstanding the status quo order dated 30.3.2010, the two teachers, namely, Renu Ravi and Ramprit Prasad were not allowed to join the school, as before issue of the status quo order their services stood terminated. Being aggrieved by the action of the executive committee not to permit the two teachers to again join the service and pay their salary in terms of the status quo order, the two teachers moved the Collector and the Collector recommended for removal of the petitioner as also to lodge First Information Report against him. 4. Having heard counsel for the parties as also having perused Annexure-1, it is quite evident that Collector, Sitamarhi has only made recommendation for removal of the petitioner from the office of the Mukhiya with further direction to lodge First Information Report against him. Till date the State Government has not accepted the recommendations of the Collector, in my view, petitioner should approach the Secretary, Panchayati Raj Department, Government of Bihar to whom the recommendations of the Collector is addressed along with a copy of this order. The Secretary, Panchayati Raj Department, Government of Bihar should consider the case of the petitioner as - 3 - noted above and pass appropriate order on the recommendations of the Collector, as early as possible, in any case within one month from the date of receipt/production of a copy of this order before the Secretary. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)