Anil Kumar v. The Patna Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15453 of 2014 =========================================================== Anil Kumar son of Late Sukhdeo Prasad, resident of Mohalla- Budha Colony, P.S.- Kumhrar, District- Patna .... .... Petitioner

Versus

1. Patna Municipal Corporation, through the Chief Executive Officer (Municipal Commissioner), Maurya Lok, Patna

2. Deputy Chief Executive Officer (Additional Municipal Commissioner), Patna Municipal Corporation, Maurya Lok, Patna

3. The Chief Accounts Officer (Municipal Finance and Accountant Controller), Patna Municipal Corporation, Maurya Lok, Patna

4. The Executive Officer, Patna City Circle, Patna Municipal Corporation, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. V.B. Ray, Advocate and Mr. Ram Naresh Ray, Advocate For the Corporation : Mr. RK Pandey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 08-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

It is submitted on behalf of the petitioner that since he has not filed his response to the second show cause and as a result of such lapse, illegal order of punishment dated 27.11.2015 (Annexure D to the counter affidavit) came to be passed against him and he is sought to be deprived of legitimate dues which includes payment of difference of salary for the period of December, 2005, April to September 2006, January to March 2008 and September 2010 and arrears of full salary for the period 19.8.2011 to December 2013.

Patna High Court CWJC No.15453 of 2014 dt.08-05-2018 2/2 Learned counsel for the petitioner submits that he would be filing an appeal before the Appellate authority, the Secretary, Urban Development, Government of Bihar, Patna, challenging the order of punishment dated 27.11.2015, Annexure D to the counter affidavit.

In view of such submission, the writ petition is disposed of with liberty to the petitioner to approach the Appellate authority. If such appeal is filed, the Appellate authority would be obliged to consider and dispose of the same in accordance with law. (Madhuresh Prasad, J) Shashi.

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