IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2350 of 2011 PRAMOD SINGH . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 22/2/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, an elected Mukhiya of Gram Panchayat Murhan Jamin, District- Bhagalpur, is aggrieved by the order of removal dated 4.1.2011 passed under Section-18(5) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) removing him from the post of Mukhiya. It is submitted that on allegations with regard to appointment of Panchayat Shikshak in a singular transaction he was unseated under Section-18(5) of the Act by order dated 18.3.2010. In C.W.J.C. No.6315/10, noticing the error in the decision making process, it was set aside inter alia observing that if the petitioner acted on the principle of collective responsibility, he cannot be singled out for punitive action and the matter remanded. On 11.1.2010 in C.W.J.C. No.7981/08 preferred by the affected Teachers, this Court allowed their application and set aside their termination. Unfortunately, this could not be brought to the attention of the Court when C.W.J.C. No.6315/10 was being 2 disposed on 11.5.2010. The order in the former case knocks the bottom out of the allegations under Section- 18(5) of the Act. The fresh impugned order dated 4.1.2011 simply reiterates in a cryptic manner the confirmation of the earlier order dated 18.3.2010. The directions of the Court with regard to the issue of collective responsibility etc. find no discussion. Learned counsel for the State from the recitals contained in the impugned order dated 4.1.2011 is unable to satisfy the Court that the fresh order is in consonance with the directions of the Court in C.W.J.C. No.6315/10 with regard to the manner in which such fresh consideration was to be done. Additionally, the fresh impugned order does not deal with the fact situation obtaining in C.W.J.C. No.7981/08 knocking out the very substratum of the allegations against the petitioner. The final order dated 4.1.2011 becomes non est in the eyes of law. The order is set aside. The application stands allowed. KC ( Navin Sinha, J.)