Patna High CourtCWJC/14021/2012disposed

Md. Ashik v. The Muzaffarpur Minicipal Corporation And ORS.

2015-12-04Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14021 of 2012 ======================================================

1. Md. Ashik Son Of Late Md. Emtaljul Resident Of Village Chak Bhirnkhi P.S. Maniyari District- Muzaffarpur .... .... Petitioner/s

Versus

1. The Muzaffarpur Municipal Corporation Through Its Mayor Near Muzaffarpur Civil Court, Muzaffarpur

2. The Deputy Mayor Of Muzaffarpur Municipal Corporation Kachari Road Muzaffarpur

3. The Administrator Muzaffarpur Municipal Corporation Muzaffarpur

4. Mr. Ajjul Rahman Son Of Late Muzbul Rahman Resident Of Village Turki P.S. Bochha District Muzaffarpur.

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

For the Petitioner/s : Mr. Mani Bhushan Kumar For the Respondent/s : Mr. Awadhesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-12-2015 Heard counsel for the petitioner and the respondent - Muzaffarpur Municipal Corporation( for short 'the Corporation'). The petitioner is the informant of Bochaha P.S. case no. 97 of 2010 instituted against the private respondent and prays for a direction that the Corporation be commanded to take disciplinary measure against the respondent no.4 who was lodged in jail custody for some duration in connection with the said criminal case.

It is stated that neither any departmental enquiry was taken nor he was suspended for the period lodged in jail custody. Counsel for the Corporation, on instruction, states that the

Patna High Court CWJC No.14021 of 2012 (2) dt.04-12-2015 2/2 respondent no.4 is daily wager and not a regular employee on the rolls of the Corporation.

Be that as it may, considering the grievance which has been raised through this application, I am not inclined to pass any order. If any proceeding is required against the respondent no.4, it shall be open to the Corporation to proceed against him in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U