ASHISH KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The following questions arise for consideration in the present set of writ petitions:

(2.) The present set of writ petitions lay challenge to Ss. 36, 37, 38, 40A, 41 and 43 of Chapter V of the Bihar Municipal Act, 2007 (hereinafter referred to as the "Municipal Act") and subsequent amendment to Ss. 36, 37, 38 and 41 of the said Act, introduced on 31/3/2021 vide the Bihar Municipal (Amendment) Act, 2021 (Bihar Act 06, 2021) (hereinafter referred to as the "Amendment Act").

(3.) By virtue of existing Chapter V (as amended on 31/3/2021), the power to select; appoint; post; and transfer an employee of a Municipality now vests with the State Government, even though for the purpose of salary; wages and all pecuniary benefits, the responsibility is that of a former. Is this permissible in law? Is what we are called upon to answer.