IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No.13441 of 2010
====================================================
Sajjan Kumar S/o Late Bhuneshwar Sharma, resident of Village- Govindpur,
P.S. Sangrampur, District-Munger.
.... .... Petitioner
Versus
1. The State of Bihar.
2. The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.
3. The Principal Secretary, Panchayati Raj Department, Government of
Bihar, Patna.
4. The Director, Panchayati Raj Department, Government of Bihar, Patna.
5. The Principal Secretary, Cabinet Vigilance Department, Government of
Bihar, Patna.
6. The Commissioner, Munger Division, Munger.
7. The District Magistrate, Munger, District-Munger
8. The Deputy Development Commissioner, Munger, District-Munger.
9. The District Panchayati Raj Officer, Munger.
10. The Block Development Officer-cum-Programme Officer, Sangrampur,
District-Munger.
11. The Additional Director General of Police (Vigilance), Investigation
Bureau, Patna.
12. Smt. Putul Devi, Mukhiya Gram Panchayat Raj, Didarganj W/o Suman
Sah, R/o Village-Kumarsar, P.S.-Sangrampur, District-Munger.
.... .... Respondents
====================================================
Appearance :
For the Petitioner: Mr. Subodh Kumar Jha, Advocate
For the Respondent: Mr. Rajesh Kumar Verma, S.C.-11
====================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3. 31.8.2010. The petitioner, a resident of Village-
Govindpur, P.S. Sangrampur, District-Munger, has filed
this petition under Article 226 of the constitution in
public interest pointing out inaction of the respondent
authorities in respect of one Smt. Putul Devi, Mukhiya,
Gram Panchayat Raj, Didarganj, respondent no.12
-2-herein.
It is the claim of the petitioner that the said
Smt. Putul Devi has abused her position, has resorted to
corrupt practices and has amassed wealth beyond her
known resources.
In the counter affidavit, made by the
Panchayati Raj Officer, Munger, the allegations made
against the aforesaid Smt. Putul Devi are admitted. It is
stated that the Deputy Development Commissioner,
Munger has made enquiry on the complaints made
against the aforesaid Smt. Putul Devi. He has opined that
the aforesaid Smt. Putul Devi has, in connivance with
her husband and the brother-in-law, misappropriated the
public money allotted under several schemes. A criminal
complaint has also been lodged against the said offenders
for offences punishable under Sections 406, 409, 420,
467, 468, 471 read with 34 I.P.C. and is registered as
Sangrampur P.S. Case No.67/10.
Learned Advocate Mr. Subodh Kumar Jha
has appeared for the petitioner. He has submitted that
though criminal complaint has been lodged against the
aforesaid Smt. Putul Devi, it is in respect of a few of the
incidences and all the incidences of corrupt practices
resorted to by her have not been included in the first
information report. He has also submitted that though
there are complaints against the said Smt. Putul Devi,
which have been, prima facie, found to be true, the
respondent authorities have failed to take action for
removal of the said Smt. Putul Devi.
We quite appreciate the anxiety shown by
-3-
the writ petitioner. We also wonder why the respondent
authorities have not taken action against the elected
Mukhiya for abusing her authority and for indulging in
corrupt practices.
In above view of the matter, we direct the
State Government and the Commissioner, the respondent
no. 6 to consider the matter and to exercise the power of
removal of elected Mukhiya after following due
procedure. We trust that the above respondents will pay
immediate attention to this matter.
Subject to the above direction, Petition is
disposed of.
(R.M. Doshit, CJ)
(Jyoti Saran, J)
Pawan/-