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2003 DIGILAW 307 (PAT)

Bikram Manjhi @ Vikram Manjhi v. State of Bihar

2003-03-12

R.N.PRASAD, R.S.DHAVAN

body2003
ORDER Nothing concrete has been indicated to the Court that despite the fact that Panchayats were returned to function as institutions of self government in 2001 no rule or bye law has been framed in context of Section 32 of the Bihar Panchayat Raj Act, 1993. Since no rule has been framed, clearly Section 32 is unworkable. A Secretary to a Panchayat has also been referred to in the definition clause of the Bihar Panchayat Raj Act, 1993. The Court cannot expect the State counsel to answer this question when rules have not been framed by the government. An aspect apparently unnoticed is that in the Bihar Panchayat Raj 1947 by virtue of Section 77 there were Panchayat Sevaks. Nothing has been indicated to the court, of any exercise or otherwise as to what will happen to the Panchayat Sevaks who were recruited and may not have retired. The mediocrity of sending the staff of agriculture department to act as a Secretary should not be such an exercise that it starts conflicting with previously recruited staff as Panchayat Sevaks. A clear-cut scheme will need to be worked out by the State Government to reckon the short fall, by retirement or otherwise amongst Panchayat Sevaks and to meet this shortage by providing Secretary to Panchayats. But the Act has lain (sic) after the legislature passed it 10 years ago and rules, in context, have not been framed. This reflects very badly on the working of the government. The machinery for the Panchayat has not been provided as a whole even now. Clearly if the staff from another department is being deputed then State can hardly escape the provision of Bihar Service Code in context of Rule 103. But even for this State has to formulate a clear-cut scheme. The Court is expressing its concern because it is getting the feeling that apparently no one has worked out these details on the functioning of the panchayats. The Court reminds the State Government that it may pay heed to the Government of India, Ministry of Finance, Department of Expenditure, Finance Commission Division's Guidelines which were for utilization (12.03.2003) of local bodies grants recommended by the Eleventh Finance Commission(2000-01 to 2004-05). The Court reminds the State Government that it may pay heed to the Government of India, Ministry of Finance, Department of Expenditure, Finance Commission Division's Guidelines which were for utilization (12.03.2003) of local bodies grants recommended by the Eleventh Finance Commission(2000-01 to 2004-05). In particular reference in paragraph 6.5 and 6.6 that in the functioning of Panchayat and for monitoring the grants as a secretarial measure certain stipulated amount per Panchayat per annum was to be allocated. Perhaps these are aspects on the functioning of the Secretary to a Panchayat. Learned S.C.8 prays that this matter be adjourned for a fortnight. Put up after a fortnight along with C.W.J.C. No. 13190 of 2001. Let a copy of this order be given to S.C.8.