Before the removal of the post of chief and deputy chief in Bihar, the recommendation of the public guard will be necessary. It would be illegal to remove without recommendation. In an important decision on Monday, the Patna High Court cited the Panchayati Raj Act, saying that despite the role of the Public Guard in the Panchayati Raj Act, this institution was not formed till date and even today without the recommendation of the Public Guard in the Panchayats Action has been taken on the head. A single bench of Justice Dr. Anil Kumar Upadhyay gave this decision after hearing the writ petition filed on behalf of Kaushal Rai.
The court was told that the Principal Secretary of the Panchayati Raj Department had ordered the removal of the chief on the charge of ‘misuse of the post’, but prior to his removal from the post, no recommendation was made to the Public Guard, while in Section 18 of the Panchayati Raj Act A provision has been added to seek the recommendation of the Public Guard before removing the Chief and Deputy Chief, Chief. This amendment was done in the Panchayati Raj Act only a decade ago, but under this new provision till now, the Public Watchdog has not been formed and the officials of the State Government are taking action using the powers of the Public Watchdog from their own level. .
The petitioner termed such action illegal. He said that the head of the Bariarpur Gram Panchayat of Dumri block of Sitamarhi was left with only warnings despite his client having more serious charges than his client, while the order to remove the applicant from the post was issued. Officers are arbitrary because of not having an institution like Lok Prahari. The court rejected the order of the Principal Secretary, accepting the application of the applicant.