Dismissed

The State of Bihar and Ors. v. Smt.Kumkum Devi and Anr.

Patna HC22 Aug 2012L.P.A/158/2012

Case brief

AI extract

What is this about?

The High Court dismissed the appeal filed by the State of Bihar against a Single Judge order granting a quo warranto writ. The Court held that removal as Municipal Executive Officer under Section 41 of the Bihar Municipal Act, 2007 operates ipso facto to repatriate the officer to the parent cadre, making a writ application unnecessary and inadmissible.

What did the court decide?

The appeal dismissed in limine and interlocutory applications disposed of.

The State of Bihar and Ors. Vs Smt.Kumkum Devi and Anr. — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 158 of 2012 In Civil Writ Jurisdiction Case No. 10478 of 2011 With Interlocutory Application No. 1076 of 2012 And Interlocutory Application No. 3220 of 2012 In Letters Patent Appeal No. 158 of 2012.

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====================================================== 1. The State of Bihar

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The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna

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The Deputy Secretary-cum-Director, Urban Development and Housing Department, Govt. of Bihar, Patna

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The District Magistrate, Munger, District - Munger

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.... .... Respondents / Appellants

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Versus

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Smt. Kumkum Devi, Wife of Sri Ravi Prasad, Resident of Mohalla - Laloo Pokhar, Argara Road, Munger, P.O. + P.S. and District - Munger, presently the Chief Councilor of Munger Nagar Parishad, P.O. + P.S. and District – Munger ……. Petitioner / Respondent 1^st Set

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Sri Bhanu Prakash, son of not known, at present posted as Executive Officer, Nagar Parishad, Munger, District – Munger (since relieved)

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.... .... Respondent No. 5 / Respondent 2^nd set.

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====================================================== Appearance: For the Appellants : Mr. Pankaj Kumar, AC to GA 8. For the Respondent no.1: Mr. Shailendra Kumar Sinha, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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13 22-08-2012 Feeling aggrieved by the judgment and order dated 14^th October 2011 passed by the learned single Judge in CWJC

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Patna High Court LPA No.158 of 2012 (13) dt.22-08-2012

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2 / 3

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No. 10478 of 2011, the respondent State of Bihar has preferred this Appeal under Clause 10 of the Letters Patent.

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It appears that in exercise of power conferred by Section 41 of the Bihar Municipal Act, 2007 (hereinafter referred to as `the Act’), the State of Bihar had deputed the respondent no. 2, one Bhanu Prakash, to be the Municipal Executive Officer under the Munger Municipality.

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By a unanimous resolution dated 25^th May 2011 passed by the Munger Municipality, the said Bhanu Prakash, has been removed as Municipal Executive Officer. The necessary legal consequence of such a decision would be that the said Bhanu Prakash would be repatriated to his parent cadre in the service of the State of Bihar. Nevertheless, he continued to function as Municipal Executive Officer.

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Feeling aggrieved, the Chief Councillor, Munger Municipality approached this Court under Article 226 of the Constitution in CWJC No. 10478 of 2011 and prayed for a writ in the nature of quo warranto restraining the said Bhanu Prakash from functioning as Municipal Executive Officer. The petition has been allowed by the learned single Judge. Therefore, this Appeal.

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Learned advocate Mr. Pankaj Kumar has appeared for the appellant State of Bihar. He has submitted that Section 41 of the Act is directory. The State Government may withdraw the officer who has been removed from the office of the Municipal Executive Officer in accordance with Section 41 of the Act.

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We see no substance in the submission made before us. Once the officer has been removed as Municipal Executive Officer, the legal consequence shall be that he be repatriated to

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Patna High Court LPA No.158 of 2012 (13) dt.22-08-2012

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3 / 3

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his parent cadre in the service of the State of Bihar. We may note here that the decision of the Municipality to remove the said Bhanu Prakash as Municipal Executive Officer has not been challenged before any forum. In absence of a challenge to the said decision, the said decision is required to be carried out. The learned single Judge has rightly allowed the writ petition.

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No case for interference is made out. Appeal is dismissed in limine. Interlocutory Applications stand disposed of.

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(R.M. Doshit, CJ)

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(Ahsanuddin Amanullah, J)

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NAFR Dilip/-

The State of Bihar and Ors. v. Smt.Kumkum Devi and Anr.

Case brief

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The State of Bihar and Ors. v. Smt.Kumkum Devi and Anr.

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