Patna High CourtCWJC/7565/2015withdrawn

Sonu Kumar v. The Bhagalpur Municipal Corporation And ORS

2015-05-20Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7565 of 2015 ====================================================== Sonu Kumar S/o Late Nand Lal Pathak R/o Village + Post Shaidpur, P.S. Gopalpur, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The Bhagalpur Municipal Corporation, Bhagalpur through its Municipal Commissioner.

2. The Compassionate Appointment Committee, Bhagalpur Municipal Corporation, Bhagalpur through its Chairman-cum-the Mayor.

3. The Municipal Commissioner, Bhagalpur Municipal Corporation, Bhagalpur.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv For the State : Mr. Rajesh Singh, GP-16 For the B.M.C : Mr. Manish Kumar, Adv & Pravina Kumari, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 20-05-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner's appointment on compassionate ground has been made, Mr. Purushottam Kumar Jha, learned counsel appearing on behalf of the petitioner seeks permission to withdraw this application.

While this Court must accord leave to the petitioner to withdraw this application, it would also record here that the conduct of the Mayor of Bhagalpur Municipal Corporation and Municipal Commissioner of

Patna High Court CWJC No.7565 of 2015 (4) dt.20-05-2015 Bhagalpur Municipal Corporation is not at least above board in denying the compassionate appointment to the petitioner on flimsy ground.

This Court, therefore, would only caution the Mayor and Municipal Commissioner to remain careful in future while exercising their official powers. Subject to the aforementioned observation, this application is permitted to be withdrawn.

The personal appearance of Mr. Deepak Bhwania, Mayor of Bhagalpur Municipal Corporation and Mr. Awnish Kumar Singh, Municipal Commissioner of Bhagalpur Municipal Corporation, is hereby dispensed with.

(Mihir Kumar Jha, J) Ranjan/- U