IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7425 of 2010 Savita Kumari Versus The State Of Bihar & Ors ---------------------------------- 3 26.09.2011 Heard learned counsel for the petitioner, State and respondent no.4. The petitioner is aggrieved by the order dated 5.3.2010 passed by respondent no.4 removing her from the post of Sachiv Garm Katchahry. Learned counsel for the petitioner makes a short submission that the removal is not in accordance with rule 11 of the Bihar Gram Katchahry Nayaya Mitra (Employment, Service conditions and Duties) Rule, 2007 read with Sub Rule 6 (6) of the same. Learned counsel for the respondents submits that the removal has been effected by a committee headed by the Sarpanch and other Panches who were present. Learned counsel for the respondents from the proceedings has not been able to demonstrate that the B.D.O. had nominated a ‘Nodal Officer’ as the Member Secretary who was also present. No other discussion is required with regard to the illegality of the order dated 5.3.2010. The order is accordingly set aside. In so far as the relief to be granted is concerned, counsel for the respondents submits that the term of the Gram Katchahry has expired and fresh election has been held and new Gram Katchahry has been constituted. If that be so, obviously the relief prayed for the reinstatement of the petitioner cannot be granted . The claim of the petitioner for salary with regard to 2 such days that she may have discharged the duty of Panchayat Sachiv is entirely a different matter which is directed to be considered by the District Magistrate under Rule 13 and disposed off in accordance with law and the legitimate dues, if any, be paid to her within a maximum period of six weeks from the date of receipt/production of a copy of this order. Any claim of the petitioner for continuance till the constitution of new Gram Katchahry is concerned, has to be regulated by the Rules which prohibit continuance of such gram katchahry beyond a minimum period of six months from the date of expiry of the tenure. The writ application stands disposed. M.Rahman (Navin Sinha, J)