IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.16901 of 2010
RAJENDRA PRASAD YADAV .
Versus
THE STATE OF BIHAR & ORS .
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For the Petitioner:- Mr. Soni Shrivastava, Adv.
Mr. Anil Prasad Sinha, Adv.
Mr. Anjani Kumar Jha, Adv.
For the Respondents :- Mr. Sanjay Kumar Giri, Adv.
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3. 28.01.2011 Heard learned counsel for the petitioner and
the State.
The petitioner was unseated from an elected
post of a Mukhiya by the impugned order dated
20.09.2010 in exercise of power under Section 18(5) of
the Bihar Panchayat Raj Act, 2006 on ground of
misconduct/abuse of power for having made certain
appointments of teachers contrary to law.
Learned counsel for the petitioner submits
that the teachers whom the petitioner was alleged to
have wrongly appointed questioned their removal
before this Court and the writ petitions have been
allowed, the teachers reinstated.
Despite adjournment granted, no counter
affidavit has been filed. Prayer is made for further
adjournment which the Court declines.
If what the petitioner contends is correct,
the impugned order has become non-est by reason of
orders of this Court setting aside the termination of
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those, the petitioner is alleged to have illegally
appointed.
The matter is remanded to the Principal
Secretary, Panchayat Raj Department to pass a
reasoned and speaking order in light of the aforesaid
discussions confined and limited to the ground in the
order dated 20.9.2010.
Let such fresh order be passed within a
maximum period of two weeks from the date of
receipt/production of a copy of this order. It is
expected that the order of this Court in C.W.J.C. No.
753 of 2011, shall be adequately considered and dealt
with by the Principal Secretary also.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)