Simplified Explanation of the Judgment

In a crucial ruling safeguarding the principles of natural justice, the Patna High Court set aside the removal of an elected Mukhiya accused of involvement in fraudulent encashment of government funds, citing lack of fair procedure.

The petitioner, an elected Mukhiya of Benipatti Gram Panchayat in Madhubani district, was removed from office under Section 18(5) of the Bihar Panchayati Raj Act. The removal was based on allegations that she had signed nine cheques totaling ₹79 lakhs, which were later encashed fraudulently in violation of rules.

However, the petitioner contended that she was not involved in the fraud, and that the cheques had been stolen and forged. She pointed out that all cheque books and related documents were in the custody of the Panchayat Secretary, who admitted in his statement that the cheques were stolen by a third person. The petitioner consistently claimed that her signatures were forged and requested a forensic examination of the cheques.

Despite her repeated pleas, the authorities did not verify her signatures through expert analysis before removing her from the elected post. The court took serious note of this procedural lapse.

During the court proceedings, the State acknowledged that the petitioner had indeed requested signature verification and that such verification had not been carried out. The court emphasized that in such serious allegations involving loss of public money and personal reputation, the basic principle of natural justice must be followed — that is, the accused must be given a fair chance to prove innocence.

Therefore, the court not only set aside the orders removing her from office but also directed a detailed process for verification of the signatures through the State Forensic Science Laboratory.

Significance or Implication of the Judgment

This decision by the Patna High Court carries important implications for democratic governance at the panchayat level and fair administrative procedures. The court upheld the following principles:

• Natural justice is paramount, especially when an elected representative is being removed from office based on serious allegations.
• No adverse action should be taken without proper inquiry, especially when technical verification (such as forensic signature analysis) is crucial to the case.
• State authorities must ensure transparency and fairness, particularly when people’s electoral mandate is being overturned.

The decision reinforces accountability within administrative processes and protects elected local representatives from arbitrary removal without due process.

Legal Issue(s) Decided and the Court’s Decision with Reasoning

• Was the removal of the petitioner from the post of Mukhiya valid without verifying the alleged forged signatures?
  • No. The court held that the petitioner was denied natural justice as the forensic examination of her signatures was not conducted despite her specific request.
• Can the petitioner be reinstated pending a proper inquiry?
  • Yes. Since the removal order was set aside, the petitioner stands reinstated as Mukhiya until a new decision is taken after completing the forensic verification.
• What directions did the court give for proper signature verification?
  • The Superintendent of Police, Madhubani, was directed to obtain certified copies of the disputed cheques and sample signatures, get them examined by the State Forensic Science Laboratory, and send the report directly to the Additional Chief Secretary of Panchayati Raj.
• What procedural safeguard was provided to the petitioner?
  • The petitioner must be given one opportunity to be heard after the forensic report is submitted, before any fresh decision is taken.

Case Title
Bimla Devi v. The State of Bihar & Ors.

Case Number
CWJC No. 8070 of 2020

Citation(s)
2021(1)PLJR 109

Coram and Names of Judges
Hon’ble Mr. Justice Ahsanuddin Amanullah

Names of Advocates and who they appeared for
Mr. Ashok Kumar Jha – for the petitioner
Mr. Kumar Alok (SC 7) and Mr. Vijai Bharti – for the State

Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MTUjODA3MCMyMDIwIzEjTg==-nGok–am1–yLvP0I=

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