ABHA LATA Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Petitioners are the members of the Empowered Standing Committee of Patna Municipal Corporation (hereinafter referred to as the "Corporation"). They have filed this writ petition praying, inter alia, to direct respondent no. 4, Municipal Commissioner of the Corporation to carry out resolution of the Empowered Standing Committee or the Board of Councillors or any Committee of the Corporation in the light of the provisions of the Bihar Municipal Act, 2007 (hereinafter referred to as the "Act"). Reference in this regard is made to sub-section (6) of Section 27-B of the Act which inter alia provides the power, function of the Municipal Commissioner, who is the Chief Municipal Officer of the Corporation established in terms of Section 6 of the Act. For ready reference sub-section (6) of Section 27-B of the Act is quoted hereinbelow :

(2.) In the writ petition and by filing supplementary, second, third, fourth supplementary affidavit learned counsel for the petitioners placed on record several decisions of the Empowered Standing Committee, which according to the petitioners have not been carried out by respondent no. 4.

(3.) A counter affidavit has been filed on behalf of respondent no. 2, Secretary, Urban Development and Housing Department, Government of Bihar stating in paragraph 4 that Urban Development and Housing Department under Letter No. 218 dated 05.07.2014 has asked the Municipal Commissioner to provide paragraph-wise comments and report upon the allegations framed against him by Mayor and Ward Councillors. Consequent to such instruction Municipal Commissioner submitted a comprehensive report framing counter-allegations against the Mayer and the Ward Councillors. In paragraphs 5, 6 of the said counter affidavit it has been averred that Municipal Commissioner is an I.A.S. officer of 2005 batch and there is no officer in the department senior to him except the Secretary, Urban Development and Housing Department, in the circumstances, the investigation of the allegations and counterallegations framed by or against the Municipal Commissioner has been entrusted to District Magistrate, Patna with approval of Chief Secretary, Bihar and referred to Order No. 202 dated 25.07.2014, Annexure-R/2-A.