The state government has introduced certain changes in existing rules and issued fresh guidelines to provide relief to mukhiyas (panchayat heads) and other panchayat functionaries.
According to the new circular, state investigating agencies would prosecute the mukhiyas and other functionaries only after taking permission from the panchayati raj department. The fresh order has made the prosecution sanction from the department mandatory for the probe agencies.
Moreover, FIRs would be lodged against the panchayat representatives in connection with corruption charges only on the instruction of the district magistrates concerned.
The fresh circular would benefit over 18,000 people’s representatives across the state. These functionaries have also been accorded the status of public servants under Section 170 of the Panchayati Raj Act, 2006, and Section 21 of the Indian Penal Code, 1960, according to the fresh order of the department.
Panchayati raj minister Vinod Prasad Yadav said a fresh circular was issued following numerous complaints received by the department from panchayat-level functionaries of the state, alleging that they were being framed in false cases and arrested on frivolous charges, which adversely affected the development works at the grassroots level.
“The representatives of three-tier panchayat system had earlier raised the issue before former chief minister Nitish Kumar. They also met me several times in the past and handed over memoranda. Taking the problems of these panchayat functionaries into account, a fresh order was issued by the department,” the minister clarified.
The circular issued by principal secretary, panchayati raj, Shashi Shekhar Sharma said the district magistrates would issue orders for institution of cases against mukhiyas and other panchayat representatives only after prima facie evidence of plundering of public funds and dereliction of duty were found against them.
In the case of charges levelled against district board representatives, the common people would lodge complaints to district magistrates and the divisional commissioners only. For panchayat functionaries, such complaints would be entertained either by the block development officer, sub-divisional officer, district panchayati raj officer, deputy development commissioner or the district magistrate.
But in any case, only the district magistrates would be entitled to issue orders to lodge FIRs at the police stations concerned. The department, however, would have no role to play in complaints of cognisable offences in which the police have powers to institute cases and probe the charges, the circular clarified.
On the other hand, the department has made it mandatory for the police to seek permission from the former before submitting the chargesheet against the accused representatives.
Bihar Pradesh Mukhiya Mahasangh state president Priyadarshini Shahi said: “The new circular will restrain officials from taking coercive action against the mukhiya and other representatives at their whim.”
Senior police officers posted at the headquarters feigned ignorance about any such circular.
