Md Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11924 of 2025 ====================================================== Md Sabir Son of Abdul Hai, Resident of Village Makrampur, P.O Makrampur, PS Pandaul, District Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through The Chief Secretary, Government of Bihar, Patna.

2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Development of Panchayat Raj, Government of Bihar, Patna.

4.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 5.

The District Magistrate, Madhubani.

6.

The District Panchayat Raj Officer, Madhubani. 7.

The Sub-Divisional Officer, Sadar Madhubani. District Madhubani. 8.

The Block Development Officer, Block Pandaul. District Madhubani. 9.

The Block Panchayat Raj Officer, Block Pandaul, District Madhubani. 10.

Md. Azad Shah, Mukhia, Gram Panchayat Raj Makrampur, Block Pandaul, District Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kr. Ojha, Sr. Advocate Mr. Ravindra Kumar Singh, Advocate For the State :

Mr. Nadim Seraj, GP-5 Mr. Shailendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 13-11-2025 The present writ application has been filed for the following reliefs:

2/4 "I. For Quashing of the order dated 01.03.2025 passed by the Divisional Commissioner, Darbhanga Division, Darbhanga in case no. 01/2025 as he without making any independent enquiry from independent body has erroneously set aside the order of the District Magistrate, Madhubani passed against the Mukhia, Makrampur, Block - Pandaul, District - Madhubani who after making thorough enquiry from the government officials had found him guilty for committing financial irregularities of the government fund in purchase of the Street Lights in the panchayat II. For a direction to the official Respondents to make an independent enquiry for the other works done by the Mukhia, Makrampur in different Yojnas/Schemes in the panchayat III.

For a direction for immediate removal of the Mukhia, Makrampur from the post of Mukhia as according to the enquiry reports of the District Sectoral Coordinator i.e DSC Infra: District Sectoral Coordinator i.e DSC Social both posted in the District Panchayat Office, Madhubani and the Block Development Officer, Pandaul have found him guilty in purchase of the street lights of 80 Watts each at a much higher rate of Rs. 6330/- per piece rather in the quotation the highest rate for the street light was Rs. 2832/- per piece and the lowest rate for it was Rs. 1640/- per piece and thus purchase was made at a difference of Rs. 4690/- per piece and thus it was clear that he had committed gross financial irregularities of the government fund and purchased the street lights at a much higher rate IV.

For a direction for taking suitable action against the Mukhia, Makrampur according to the Panchayat Act as he had purchased the street lights from the 14th Finance Commission Yojna No. 01/201920 for Rs. 10,00,000/- & 6th Finance Commission Yojna No. 02/2022-23 for Rs. 10,09,120 /- without inviting tender from the public as according to the departmental provision the execution of schemes in the panchayat for above Rs. 5,00,000/- is to be done by inviting tender from the public V.

3/4 take action against the Mukhia, Makrampur as after coming into light of the financial irregularities committed by him for the amount of Rs. 10,09,120/- received for the 6th finance commission he changed the government records with cuttings and overwriting using whitener and bifurcated this amount into Two Schemes - 02/2022-23 & 03/2022- 23 for the estimated amount each of Rs. 5,00,000/- VI. For a direction to recover the excess amount from the Mukhia, Makrampur for purchase of the street lights in the panchayat VII. For such other relief/reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case"

2. Considering the nature of the reliefs sought, it is evident that the grievance raised pertains to allegation against an individual and challenges an administrative order passed by competent authority. Such issues are not amenable to adjudication in a Public Interest Litigation, as they relate to individual disputes and alleged personal misconduct rather than any question of public interest.

3. Accordingly, we find no reason to entertain the present writ application in form of a P.I.L. However, if any person is individually aggrieved by the alleged irregularities, he or she shall be at liberty to avail appropriate legal remedy in accordance with law.

4. With the aforesaid observations, the present writ application stands disposed of.

4/4

5. Pending application(s), if any, shall stand disposed of.

(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) Anushka/- U