GYAN MALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State. Petitioners are Angan Bari Sevikas appointed by concerned Gram Panchayats situated within Kateya Block of Gopalganj district. They have challenged an order of District Magistrate, Gopalganj dated 9th September, 2004 whereby he has held that selection process of all the Angan Bari Sevikas by different Gram Panchayats within Kateya Block was, on enquiry, found to have been vitiated on one account or the other. It was also held by the District Magistrate that as a result of enquiry held in exercise of power under Section 127 of the Bihar Panchayat Raj Act, 1993 the selections were found to be against law and rules. Hence the District Magistrate ordered all the concerned Mukhiya to hold fresh meeting of Aam Sabha who may make fresh selection of eligible persons as Angan Bari Sevikas/Sahaikas in accordance with departmental directions and guidelines.

(2.) FROM the materials on record it is found that instead of making proper enquiry of individual case of alleged irregular selection/appointment of Angan, Bari Sevikas/Sahaikas enquiry has been directed against a large number of selections and the findings of the enquiry appear to be based on general allegations against all the Gram Panchayats,

(3.) THE circulars issued by the State Government from time to time starting with circular No. 32 dated 25.9.2001 issued by the Welfare Department, Government of Bihar lay down how different schemes shall be implemented by Panchayati Raj Institutions including the Gram Panchayats and in respect of Angan Bah Project the scheme contemplates selection by the Aam Sabha organized by concerned Gram Panchayat in which Child Development Project Officer is required to be compulsorily present. Under the scheme it is laid down that in the selection of Angan Bari Sevikas/ Sahaikas the decision of the Gram Panchayat shall be final. Thus it is clear that the post of Angan Bah Sevikas/ Sahaikas is only a post under an administrative scheme which is governed by circulars issued by the Welfare Department, Government of Bihar. The Government through the concerned department can add or vary the terms of the scheme and may provide for inspection or even conditions under which it may become necessary for the Gram Panchayat to make fresh selection of Angan Bari Sevikas/ Sahaikas. But in respect of such projects and schemes the authorities have erred in taking recourse to an enquiry under Section 127 of the Bihar Panchayat Raj Act which is not applicable. So far the administrative circulars are concerned, at present the power to appoint which shall also ordinarily include the power to remove is vested in the Aam Sabha of the concerned Gram Panchayat. No interference can be made with such power of the Gram Panchayat unless further guidelines or directions are issued by the concerned department in relation to Angan Bari Project. In view of the aforesaid discussions it is found that the impugned order issued by the District Magistrate, Gopalganj is based upon a vague and general enquiry which should not have been made the basis for cancelling the entire selection process covering different Gram Panchayats in Kateya Block of district Gopalganj. Specific irregularities and lapses in respect of particular Gram Panchayat should have been enquired separately for taking appropriate action in accordance with law. For this reason and also for the reason that the impugned order is based on an enquiry under statutory provision which has no application to the Angan Bari Project, the order under challenge is found to be against law and it is accordingly quashed. Liberty is granted to the concerned respondents, particularly the Secretary of the concerned department to reconsider the entire matter and issue necessary directions, if required to hold fresh enquiry in respect of particular Gram Panchayats or particular Angan Bari Centres where irregularities may have been alleged or suspected to have been committed in selection or appointment of Angan Bari Sevikas/Sahaikas. For this purpose, if so advised the Government may issue circulars and necessary directions so that enquiries may be held by authorised officers in accordance with Government decision. The writ petition is allowed to the aforesaid extent.