Ram Naresh Singh vs The State Of Bihar & Ors on 11 November, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CWJC No.14008 of 2011
                                    Ram Naresh Singh
                                            Versus
                                The State Of Bihar & Ors
                                          -----------

03. 11.11.2011 Both sides present.

Petitioner prays for a direction upon the Executive

Officer, Nagar Parishad, Mokama to act in accordance with

Bihar Government Servant (CCA)Rules, 2005 and to revoke the

order of suspension passed against the petitioner as contained in

Annexure-1. In this connection, he has relied on a judgment of

this Court since reported in 2011 (2) PLJR page 1021 (Anand

Swarup vs. State of Bihar & Ors.). Learned counsel states that

appropriate recommendation in this regard has already been

made by the Respondent-Chief Executive Officer whereafter the

matter was placed before the general body of the Nagar

Parishad. This is what the petitioner has stated in para 19 of the

writ petition which reads thus:-

“That it is stated that the Nagar Parishad,
Mokama in its general meeting dated
30.06.2010 resolved unanimously that the
impugned suspension of the petitioner be
revoked.”

A counter affidavit has been filed on behalf of the

Respondent-Nagar Parishad. Replying the averments made in

para 19, it has been stated in para 7 of the counter affidavit

thus:-

“That, in reply to the paragraphs 13, 14,
21,23,24,26 & 27 it is submitted that the
deponent placed the matter before the Nagar
Parishad Board at its meeting dated 30.06.2010
2

for consideration of revocation of petitioner’s
suspension but the members were not
unanimous as some of the members including
deputy Chairman expressed the view that the
petitioner’s suspension can be revoked only
after his acquittal by the criminal court. This is
clear from the annexure 12 of the writ
petition.”

Learned counsel for the Nagar Parishad submits that

the Board has not taken any final decision since the matter is

sub judice in this Court.

Post this matter after four weeks as zero item.

It is expected that the Board will take a final

decision in the matter unprejudiced by the fact that a writ

proceeding is pending consideration in this Court. It is also

expected that the respondents will bring on record the decision

taken in this regard, if any, by the Board of the Respondents-

Nagar Parishad.

( Kishore K. Mandal )
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