SHAHJAHAN BEGUM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have filed this writ application praying therein that the resolution passed by the Empowered Standing Committee of Buxar Municipal Council on 08.09.2010 should be acted upon and the Executive Officer i.e. respondent no. 7 be removed from the post of the Executive Officer. In other words, the petitioners have sought to challenge the notification no. 4821 dated 19.08.2010 whereby the respondent no. 7 was posted as Executive Officer of the Buxar Municipal Council.

(2.) The short facts of the case are that respondent no. 7 was appointed as the Executive Officer on 19.08.2010. According to the affidavit filed on behalf of respondent no. 7, he had problems in joining the said post as the person Incharge was creating certain hurdles and finally, he was able to join the said post on 03.09.2010. On 08.09.2010, merely five days after his joining, a resolution was passed praying therein that the Executive Officer-respondent no. 7 be removed from the said post. The reasons mentioned in the resolution which is contained in Annexure-5, reads as follows:-

(3.) In order to support the fact that respondent no. 7 joined the post of Executive Officer on 03.09.2010, Annexure B and B/ 1 have been annexed to the affidavit to show his joining. Before the respondent no. 7 joined to the said post as would be apparent from the resolution quoted above that Shri Alok Kumar was working as an Executive Officer in the Buxar Municipal Council.