Nalanda DM Sanjay Kumar Agarwal

Patna, Feb. 15: A mukhiya (panchayat head) is proving to be more powerful than a district magistrate in Bihar’s hinterland.

In chief minister Nitish Kumar’s home district of Nalanda, the district magistrate (DM) is finding it hard to remove a mukhiya from the post in spite of the fact that she has been charged with committing gross financial irregularities while implementing public welfare schemes.

Nalanda DM Sanjay Kumar Agarwal, a 2002 batch IAS officer with an impeccable reputation, has thrice recommended to the state’s panchayati raj department the removal of Kumari Tripty, the mukhiya of Raj Parthu panchayat in Ekangarsarai block, under Section 18 (5) of the Bihar Panchayati Raj Act of 2006.

The letters, addressed to the assistant director of the panchayati raj department, were sent on January 22, 2013, December 15, 2012, and August 28, 2012, with all evidence gathered against Tripty. The letters also carried the supervision note of the Hilsa sub-divisional police officer, who found the allegations of financial embezzlement to be true against the mukhiya.

Two separate FIRs were lodged against Tripty and six others with Ekangarsarai police station in Nalanda. While FIR No. 26/11 deals with the bungling in MNREGA funds, another FIR (No. 123/11) is related to plundering of huge public money sanctioned under the drought relief fund.

Chief minister Nitish Kumar (centre) and other officials in front of the Gandhi statue, inaugurated at Gandhi Maidan on Friday. The 40-foot-high bronze structure, designed by award-winning sculptor Ram V. Sutar, is reportedly the tallest statue of the Father of the Nation in the world. It stands on a 26-foot-high pedestal. Picture by Deepak Kumar

Agarwal’s latest letter sent to the panchayati raj department’s assistant director clearly mentions that the reply given by the panchayat head, in response to an explanation sought from her on the basis of the inquiry reports, was not satisfactory and hence recommendation was made for her removal.

The DM’s letter said the allegations against Tripty were investigated by the executive engineer (MNREGA), disaster management officer in-charge, block development officer of Ekangarsarai and the sub-divisional officer of Ekangarsarai. The probe reports hinted at gross irregularities in the implementation of public welfare schemes in the panchayat, the letter said.

The inquiry reports of all the officials concerned were sent to the panchayati raj department to substantiate the DM’s recommendation for removal of the mukhiya. The financial irregularities were allegedly committed during Tripty’s first tenure between 2006 and 2011. Tripty was re-elected from the panchayat for 2011-16.

Authoritative sources said a showcause notice was served on the mukhiya on April 4, 2012. Tripty responded to the DM on May 7, 2012, in which she denied the allegations and said the showcause would not have any adverse impact on her present tenure.

“MNREGA schemes Nos. 26/06-07 and 04/07-08 were probed by a joint team of NLM (national level monitor) and no evidence of financial irregularity was found. The mukhiya cannot be held responsible for minor irregularities,” Tripty’s letter said.

She further claimed that the alleged forged documents that were submitted for disbursement of drought relief fund to the beneficiaries didn’t have the mukhiya’s signature. “How can the mukhiya be held responsible for disbursement of funds on the basis of forged documents,” she added.

A senior official of the panchayati raj department told The Telegraph that an explanation was sought from the mukhiya on September 21, 2012, on the basis of the recommendation of the Nalanda DM for her removal.

The mukhiya was asked to submit her reply within 15 days of the receipt of the letter. In her reply, she alleged that she was being victimised for no fault of hers and termed the allegations “baseless and far from the truth”.

“Had the district magistrate gone through the facts and looked into the legal aspect, he would not have recommended the same,” the officer quoted the mukhiya as having said in her response to the showcause notice served by the panchayati raj department.

The officer, however, kept mum when asked why the matter was then kept under wraps for more than five months.

A supporter of the mukhiya said she was on bail in both cases lodged against her with Ekangarsarai police station.

This is not an isolated case of a mukhiya’s involvement in financial irregularities. Over 400 mukhiyas of Sitamarhi district were accused of committing fraud in providing solar lights under their respective panchayats. The mukhiyas had to move the high court for bail as the police have found the allegations to be true and obtained warrants of arrest.

Reports of financial irregularities have been pouring in from different panchayats of the state even at the chief minister’s janata durbar. Several complaints were sent to the vigilance investigation bureau for investigation. A cell at the state police headquarters has also been assigned to probe such allegations, a senior police officer said.