PRAMOD KUMAR SINGH S/O LATE J.SINHA Vs. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPTT., NEW SECRETARIAT

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel for the Patna Municipal Corporation (hereinafter referred to as the PMC).

(2.) Petitioner at the relevant time held the post of Chief Accounts Officer in the Patna Regional Development Authority (Dissolved) (hereinafter referred to as the PRD A), PMC. He is aggrieved by the order of the Municipal Commissioner, PMC bearing Memo Nos. 2352 and 2353 dated 8.10.2009, Annexures-11 and 11/1 directing the petitioner to hand over charge of accounts of the PRDA to respondent no. 5 and to discharge the duties of Internal Auditor, failing which serious consequences shall follow. He is further aggrieved by the order of the Municipal Commissioner, PMC dated 14.10.2009, Annexure-12, whereunder request of the petitioner contained in letter Nos. 2055 and 2056 dated 10.10.2009 to modify the orders dated 8.10.2009 was rejected directing respondent no. 5 to unilaterally assume the charge of accounts of the PRDA in the light of the notification of the Urban Development and Housing Department of the State Government bearing No. 3743 dated 10.9.2009, Annexure-8.

(3.) It is submitted on behalf of the petitioner that the three impugned orders dated 8.10.2009 and 14.10.2009, Annexures-11, 11/1 and 12 passed by the Municipal Commissioner, PMC is in teeth of the notification of the State Government dated 10.9.2009, Annexure-8, whereunder respondent no. 5 was posted in the PMC on the post of Controller of Municipal Finances and Accounts until further orders and could not have been given the charge of Accounts of PRDA under the three impugned orders.