IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10801 of 2008 Purshottam Pandey son of late Vishwanth Pandey resident of Village Maripur Kala P.O. Nandpur P.S. Manjhi Dist. Saran Petitioner Versus 1.THE STATE OF BIHAR 2. The Commissioner cum Secretary, Panchayati Rai, Government of Bihar, Patna 3. The Director, Panchayati Rai, Government of Bihar, Patna 4. The Divisional Commissioner, Saran Division, Chapra 5. The District Magistrate, Saran at Chapra 6. The Deputy Development Commissioner, Saran at Chapra 7. The Sub-Divisional Officer, Sardar Chapra, Dist. Saran 8. The Block Development Officer, Manjhi Dist. Saran 9. Gram Panchayat Raj Kouru Dhouru represented though its Mukhiya Sheo Prasad Sah resident of village Kouru Dhouru P.S and Block Manjhi Dist. Saran 10. The Mukhiya, Gram Panchayat Raj Kouru Dhouru Block Manjhi Dist. Saran 11. Shri Kamlesh Prasasd Singh son of Ram Bahadur Singh the then Panchayat secretary, Gram Panchayat, Raj Kouru Dhouru Block Manjhi Dist. Saran 12. Shri Raja Ram Harijan son of Shri Panckauri Ram the then Panchayat Secretary,Gram Panchayat Raj Kouru Dhouru Block Manjhi Dist. Saran 13. Shri Lal Babu Rai son of Shri Jashan Rai the then Panchayat Secretary, Gram Panchayat Raj Kouru Dhouru P.S. and Block Manjhi Dist. Saran Respondents ------- For the Petitioner: Mr Umesh Kumar Mishra, Advocate For the State: Mr S.K. Mandal SC 15 -------- 09 07.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The grievance of the petitioner is that public interest is suffering because in spite of enquiry report disclosing several illegalities or irregularities by the Mukhiya of Gram Panchayat, Kouru Dhouru within the district of Saran, no action is being taken under section 18(5) of the Bihar Raj Panchayat Raj Act, 2006 as amended by Amendment Act, 2007. - 2 - The counter affidavit filed on behalf of the State shows that earlier, District Magistrate, on the basis of the enquiry report and other materials, had forwarded his recommendation to the Divisional Commissioner for action under section 18(5) of the aforesaid Act, 2006 but subsequently the Divisional Commissioner by his letter dated 15.04.2008 submitted all the original papers to the Principal Secretary, Rural Works (Panchayati Raj), Department, Bihar, Patna. Thereafter, as per counter affidavit, the Director of Panchyati Raj by letter dated 05.09.2008 has again requested the District Magistrate, Saran, Chapra to forward all the relevant papers and copy of the F.I.R. if instituted against the concerned Mukhiya . According to the learned counsel for the State the counter affidavit does not disclose what further development has taken place after the letter dated 05.09.2008 issued by the Director, Panchyati Rai, Department to the District Magistrate, Saran, Chapra Now the power to take action under sectionn18(5) of the Act is vested in the State Government and it appears that all papers in original have been submitted by the Commissioner, Saran Division to the Principal Secretary, concerned department as far as back on 15.04.2008. Considering the fact that the concerned authority, the State Government, has yet not applied its mind to the merit of the allegations levelled against Mukhiya, this Court would only remind the State Government as well as the District Magistrate, Saran, Chapra to expedite the proceedings and if any further document is to be sent - 3 - by the District Magistrate, including copy of the F.I.R. the same should be sent, if not sent already, within four weeks from the date of production/communication of a copy of this order. Thereafter the State Government shall consider the matter on its own merit and take a final decision within two months. It is clarified that if the allegations are also in respect of Panchayat Secretary, then authority concerned will be free to take action against him also in accordance with law. The writ petition stands disposed of. (Shiva Kirti Singh, ACJ) (Shyam Kishore Sharma, J) shahid