IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2507 of 2010
1. SWAMI NATH BHAGAT S/O BISHUN BHAGAT R/O VILL- KHALGAON, P.S- KATEYA, DISTT-
GOPALGANJ, MUKHIYA GRAM PANCHAYAT RAJ KHALGAON
Versus
1. THE STATE OF BIHAR
2. THE DIRECTOR DEPARTMENT PANCHAYAT RAJ, BIHAR PATNA
3. THE COMMISSIONER, SARAN DIVISION, CHAPRA
4. THE DISTRICT MAGISTRATE, GOPALGANJ
5. THE BLOCK EDUCATION EXTENSION OFFICER, PANCHDEVARI, P.S- KATEYA, DISTT-
GOPALGANJ
6. THE AREA EDUCATION OFFICER, BHOREY, GOPALGANJ
7. THE DISTRICT EDUCATION OFFICER, GOPALGANJ, BIHAR
8. THE RANJIT KUMAR TIWARI S/O SRI BRAJ KISHORE TIWARI R/O JAMUNAHA, P.S
KATEYA, DISTT- GOPALGANJ
9. MOKHTAR RAM null PANCHAYAT SECRETARY, PANCHAYAT RAJ KHALGAON, P.S KATEYA,
DISTT- GOPALGANJ
10. SHAHIDA KHATOON MEMBER BLOCK DEVELOPMENT COMMITTEE (B.D.C.), PANCHAYAT RAJ
KHALGAON, P.S KATEYA DISTT- GOPALGANJ
11. KALAWATI DEVI PANCHAYAT MEMBER BATAL CHORAHA, MEMBER SHIKSHAK NYAOJAN
SAMITI, PANCHAYAT RAJ KHALGAON, P.S KATEYA, DISTT- GOPALGANJ
12. RAJENDRA MISHRA, ASSISTANT TEACHER, CHHITAWNA, MEMBER PANCHAYAT NIYOJAN
SAMITI, PANCHAYAT RAJ, KHALGAON, P.S- KATEYA, DISTT- GOPALGANJ
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2/ 19/04/2011 From the record as it stands, the petitioner is
aggrieved by a recommendation dated 6.10.2009 made by
the District Magistrate recommending his removal from the
post of Mukhiya addressed to the Commissioner.
Earlier it was the Commissioner and now it is the
State Government which has been vested with the statutory
power to be exercised in a manner prescribed in the Statute
after giving of a show cause notice and adequate
opportunity for defence to the person concerned.
A mere recommendation does not amount to
removal by the statutory authority.
The writ application is premature. It is
accordingly disposed.
KC ( Navin Sinha, J.)