Akhilesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1690 of 2021 ====================================================== Akhilesh Sharma Son of Sri Ram Pravesh Sharma, Resident of Village - Murika, Police Station- Sigori, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The District Panchayat Raj Officer, Patna.

4.

The Block Development Officer, Paliganj, Patna. 5.

Arbind Kumar Singh, Son of not known to the petitioner, Resident of Tineri Jamalpur, Police Station - Masaurhi, District - Patna at present Panchayat Secretary, Murika, Police Station - Sigori, District - Patna. 6.

Ragani Devi, Wife of Sanjay Ram, Resident of Village - Patriya, Police Station - Sigori, District - Patna at present Mukhiya, Gram Panchayat - Murika, Police Station - Sigori, District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv.

For the Respondent/s :

Mr. Dhirendra Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-07-2021 Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Dhirendra Kumar, learned AC to AAG-6 for the State through video conferencing. The present writ application has been filed for a direction to take appropriate disciplinary action against Respondent No.5, Panchayat Secretary in terms of Rule 12 of Bihar Panchayat Raj Rule 2011 inasmuch as, according to the petitioner, Respondent No. 5 has not been discharging his duties in terms of relevant rules and is also indulged in committing

Patna High Court CWJC No.1690 of 2021(2) dt.20-07-2021 2/2 gross irregularity.

Learned counsel for the State submits that in the interest of justice, the petitioner may be directed to file a fresh representation before the District Magistrate, Patna who will dispose of the representation of the petitioner in accordance with law.

In view of the submissions made by the parties, let a a fresh representation be filed by the petitioner before the District Magistrate, Patna within a period of one month with relevant documents and if such representation is filed, the District Magistrate is directed to dispose of the same in accordance with law after giving proper opportunity of hearing/representation to Respondent No.5 within a further period of three months.

This application is disposed of with the aforesaid direction and observation.

(Anil Kumar Sinha, J) perwez U