Pooja Pandey v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9740 of 2024 ====================================================== Pooja Pandey Wife of Shashi Bhushan Pandey Resident of Village - Dumariya, Gram Panchayat - Dumariya , Block - Sangrampur, P.S.- Dumariya Ghat, District - East Champaran .

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

3.

The Commissioner, Trihut Division at Muzaffarpur. 4.

The District Magistrate, East Champaran, District - East Champaran at Motihari.

5.

The District Panchayati Raj Officer, East Champaran, District - East Champaran at Motihari.

6.

The Sub-Divisional Officer, Areraj , District - East Champaran at Motihari. 7.

The Block Development Officer, Block - Sangrampur District - East Champaran at Motihari.

8.

The Block Panchayati Raj Officer, Block - Sangrampur, District - East Champaran at Motihari.

9.

The Gram Panchayat Raj Dumariya, Block- Sangrampur, District East Champaran at Motihari through its Panchayat Secretary. 10.

The Panchayat Secretary, Gram Panchayat Raj, Dumariya, Block - Sangrampur, District - East Champaran at Motihari. 11.

The Superintendent of Police, District - East Champaran at Motihari. 12.

The Sub-Divisional Police Officer, Chakiya, District - East Champaran at Motihari.

13.

The Station House Officer, Dumariya Ghat Police Station, District East Champaran at Motihari.

14.

Pinku Devi, Wife of - Jitendra Yadav . (The present Mukhiya of Gram Dumariya Ghat) Resident of Village - Pakadi , Post-Pakadi (East) , P.S. - Dumariya Ghat, District - East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No.5, Advocate For the Respondent/s :

Mr. Yogendra Pd. Sinha, A.A.G. 7 Mr. Rajeev Kumar Sinha, A.C. to A.A.G.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2/4 22-07-2024 Heard the parties.

2. The present petition has been preferred for the following reliefs:- (i) direction to the Respondent Authorities to act upon the Representations/Public Petitions; submitted regarding the illegal activities of Respondent No. 14, Pinku Devi;

(ii) for a direction to the Respondent Authorities to initiate an appropriate Disciplinary / Civil / Criminal proceedings against the Respondent No. 14 Pinku Devi and to pursue it, sincerely, so that the each and every proceeding may come to it's logical end;

(iii) for a direction to the Respondent Authorities to terminate / expel the Respondent No. 14 Pinku Devi, from the post of the Mukhiya, Gram Panchayat Dumariya Ghat; in accordance with the provisions of the Gram Panchayat Raj Act;

(iv) further for a direction to the Panchayati Raj Authorities to recover all the defalcated amounts, from the personal properties of Respondent No. 14 Pinku Devi;

(v) further for a direction to the Respondent No. - 11 to 13 (the Police Authorities) to pursue all the Criminal Cases, registered / would be registered, submit charge sheet against the Respondent No. 14 and to pursue the matter, so that the Respondent No. 14 may get appropriate punishment for the act of criminality committed by

3/4 Respondent No. 14; on amongst others the following Grounds:- (i) for that the Respondent No. 14, after being elected as Mukhiya, has indulged into the serious acts of corruption and misappropriation of the Public Funds;

(ii) for that a consolidated list of the illegal activities of Respondent No. 14. Pinku Devi (Not being exhaustive) is being reproduced at Paragraph No. 5 of the present Writ Application; (iii) for that several Representations / Public Petitions has been submitted to the different officials; but no concrete action has been taken by the Authorities either for preventing the further corruption or for giving any punishment to Respondent No. 14 for her illegal acts;

(iv) for that; on the Written Report being submitted; the Police Officials also, just as a matter of formality; registered some FIRs (for example Dumariya Ghat P.S. Case No. 139/2019) but the Police is all set to hush up the matter, in connivance with the Respondent No. 14;

(v) for that the Petitioner and one another person moved before the Sub-Divisional Public Grievance Redressal Authority in Case No. 502410130112302353 and also in Case No.

502410102092302232 but the proceedings of the same got misdirected and yielded no results;

(vi) for that due to the inaction of the Respondent Authorities the Petitioner, being a

4/4 resident of the Gram Panchayat and also being accountable to the some set of people living in the Gram Panchayat, is suffering from irreparable injury;

(vii) for that due to the inaction of the Respondent Authorities the Fundamental Rights of the Petitioner, as enshrined in the Constitution of India has been violated.

3. Learned Counsel for the petitioner submits that he will be approaching the Principal Secretary, Panchayati Raj Department, Bihar, Patna for the said grievance.

4. Granting said liberty and without commenting on the merit of the case, the writ petition stands disposed of. (Rajiv Roy, J) Neha/- U