Single-judge bench held a writ petition challenging a recommendation for removal from the post of Mukhiya was premature as the recommendation itself did not constitute removal by the statutory authority.
Writ application held premature and disposed of without engaging merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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, DISTTGOPALGANJ, 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, DISTTGOPALGANJ
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
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.)
1 issue framed by the court
Whether a recommendation for removal amounts to statutory removal requiring a writ of certiorari before the statutory authority exercises the power.
Swami Nath Bhagat
The State of Bihar
The Director Department Panchayat Raj, Bihar Patna
The Commissioner, Saran Division, Chapra
The District Magistrate, Gopalganj
The Block Education Extension Officer, Panchdevari
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court