IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15195 of 2009 SATISH CHANDRA CHOUDHARY S/O LATE KAMAL NARAYAN CHOUDHARY VILL- BHAWANIPUR, P.S. SAKARI, DISTT. MADHUBANI Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR PANCHAYATI RAJ DEPTT., GOVT. OF BIHAR, PATNA 3. THE CHAIRMAN ZILA PARISHAD, MADHUBANI 4. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER ZILA PARISHAD, MADHUBANI 5. SHRI PRADEEP GAIT S/O NOT KNOWN TO THE PETITIONER, AT PRESENT WORKING IN THE OFFICE OF ZILA PARISHAD, MADHUBANI 6. SHRI ARUN KUMAR LAL S/O NOT KNOWN TO THE PETITIONER AT PRESENT WORKING IN THE OFFICE OF ZILA PARISHAD, MADHUBANI ----------- 4. 16.11.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner who is a ministerial staff of the Zila Parishad, Madhubani, is aggrieved by the order bearing Memo No. 831 dated 10.10.2009, Annexure-3, whereunder the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Madhubani has relieved the petitioner of the charge of the other files which he was handling in regard to the execution of the National Rural Employment Guarantee Scheme and has confined him to work as a typist. 3. It is submitted on behalf of the petitioner that by relieving the petitioner of the aforesaid charge another ministerial staff of the Zila Parishad who is junior to the petitioner has been given the charge of the files concerning the execution of the scheme relating to National Rural Employment Guarantee Scheme which tantamounts to acting against the petitioner on the basis of a complaint of the member of the Zila Parishad Smt. Anita Singh and if the petitioner has been relieved of the earlier charge on the basis of the complaint and a junior - 2 - person has been entrusted with the said charge then he should have been given an opportunity to explain. In this connection, petitioner has already filed a representation before the Chief Executive Officer of the Zila Parishad which is dated 28.10.2009, copy whereof has been produced before this Court. 4. When this order was dictated counsel for the Zila Parishad submitted that the impugned order was passed on 09.10.2009 but till date the petitioner has not handed over the charge of the files. Let the petitioner hand over the charge of the files to Sri Pradeep Kumar Gait forthwith and thereafter the Chief Executive Officer-cum- Deputy Development Commissioner should consider the representation of the petitioner dated 28.10.2009 and pass appropriate orders in accordance with law at an early date. It goes without saying that in case representation of the petitioner is allowed then the charge of the files taken away from the petitioner be restored to him. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)