Rajesh Shankar, J. - (1.) The present writ petition has been filed for quashing the memo No. 801, dated 13.10.2016 (Annexure-7 to the writ petition) issued by the Block Development Officer, Lesliganj (respondent No. 7) and memo No. 657, dated 08.10.2016 (Annexure-6 to the writ petition) issued by the Deputy Commissioner, Palamau (respondent No. 4) whereby the financial power of the petitioner being a Mukhiya has been ceased. It has also been prayed for quashing the letter No. 713, dated 13-8-2016 (Annexure-4 to the writ petition) issued by the Deputy Development Commissioner-cum-District Programme Co-ordinator (respondent No. 5) and letter No. 604 dated 1-8-2016 (Annexure-3 to writ petition) issued by the Block Development Officer, Lesliganj (respondent No. 7) wherein certain financial irregularities alleged to have been committed by the petitioner, has been highlighted.
(2.) The factual background of the case as stated in the writ petition is that the petitioner is a Mukhiya of Gram Panchayat Sangbar under Lesliganj Block, District - Palamau (Jharkhand). She was allotted several projects including the projects under MGNREGA to be executed under her supervision with financial power for the said projects. The respondent No. 5 wrote a letter vide letter No. 537 dated 13.07.2016 to the respondent No. 7 informing inter alia that several irregularities were found in 8 projects on spot verification by the district inquiry team and the Block Development Officer-cum-Block Programme Officer in Sangbar Panchayat in the projects sanctioned under MGNREGA scheme and directed him to send recommendation to the Panchayati Raj Officer, Palamau for cessation of the financial power of the petitioner according to Panchayati Raj Act (Annexure-1 to the writ petition). The respondent No. 5 again wrote a letter being letter No. 587, dated 20.07.2016 to the Senior Officer, Lesliganj Block (Annexure-2 to the writ petition) to inquire and report about the irregularities as alleged against the petitioner. The respondent No. 7 thereafter wrote a letter bearing No. 604 dated 1-8-2016 (Annexure-3 to the writ petition) to the District Panchayat Raj Officer (respondent No. 6) with a recommendation to cease financial power of the petitioner due to the irregularities found in 8 MGNREGA projects. Subsequently, on 13.08.2016, the respondent No. 5 vide letter No. 713, dated 13.08.2016 (Annexure-4 to the writ petition) directed the respondent No. 6 to cease the financial power of the petitioner due to above irregularities. Subsequently the respondent No. 4 vide memo No. 657, dated 08.10.2016 (Annexure-6 to the writ petition) ceased the financial power of the petitioner. On the basis of the letter, dated 08.10.2016, the respondent No. 2 issued an order contained in Memo No.801 dated 13.10.2016 (Annexure-7 to the writ petition) informing the petitioner that her financial power has been ceased and the same has been delegated to the Up-Mukhiya i.e., respondent No. 9. In the meantime, the respondent No. 8 submitted enquiry report dated 31.08.2016 (Annexure-5 to the writ petition) pursuant to the direction of the respondent No. 5 whereby it was reported that no irregularity was found in the work done in the alleged 8 MGANREGA projects. The petitioner filed representations before the respondent No. 4 and respondent No. 6 and lastly before the Chief Secretary, Government of Jharkhand against the impugned orders, but no action was taken which gives rise to filing of the present writ petition.
(3.) The learned counsel appearing on behalf of the petitioner submits that the alleged inquiry by the District Level Inquiry Team was done behind the back of the petitioner and in fact the inquiry team did not visit the spot and merely prepared a table report against the petitioner. It is further submitted that though the respondent No. 5 issued letter to the Senior Officer, Lesliganj Block to inquire the allegation against the petitioner, however without waiting for his report, the respondent No. 5 hurriedly sent letter dated 13.08.2016 to the respondent No. 6 directing inter alia to cease the financial power of the petitioner on the basis of the alleged report of the District Level Inquiry Team. It is further submitted that the respondent authorities have passed the impugned orders ignoring the direction of the State Government issued under the signature of the Deputy Secretary, Panchayat Raj and NREP Department vide letter No. 975 dated 29.03.2014, whereby all the Deputy Commissioners have been directed not to cease the financial power of Mukhiya without approval of the State Government. It is further submitted that the said 8 projects, pertaining to construction and repair of ponds, ahar (traditional irrigation system) and dressing of the land of the villages of Sangbar Panchayat were sanctioned under MGNREGA scheme and all the works were executed satisfactorily under the supervision of the authorized Government engineers who used to visit the spot time-to-time. On being satisfied with the work, the measurement books were prepared and the payments were made to the concerned workers. It is also submitted that the impugned orders have been passed in violation of the principles of natural justice as no show-cause notice was given to the petitioner before passing the impugned orders.;