IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16002 of 2007 CHANDRA PRAKASH UPADHYAY, S/o Sri Ram Sakal Upadhyay, resident of village + P.O. Chapkahiya, via-Manguraha, P.S. Govindganj, District-East Champaran… Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, West Champaran, Bettiah. 3. The District Planning officer cum Officer-in-charge, District urban Development Authority (Abhikaran) West Champaran, Bettiah. 4. The Deputy Development Commissioner, West Champaran, Bettiah 5. The Director, National Employment Scheme, West Champaran, Bettiah 6. The Biogas Technician cum Incharge Assistant (Prabhari Sahayak), District Urban Development Authority(Abhikaran) West Champaran, Bettiah. 7. Shri Ramashankar Singh, Assistant Engineer, District Rural Special Division, Bettiah presently deputation in Bagaha-1 Block, Bagaha, District-West Champaran, Bettiah. 8. The Executive Officer, Nagar Parishad, Bagha, District West Champaran, Bettiah…………….. Respondents. ----------- For the petitioner: Ms. Sushmita Mishra, Advocate For respondents: Mr. Utsav Kumar, A.C. to S.C.10. ----------- 4. 28.1.2011 Heard learned counsels for the parties. The petitioner seeks quashing of the order dated 13.10.2006 passed by the District Magistrate, West Champaran, Bettiah treating the service of the petitioner as having been terminated under the order dated 29.9.1993 of the Nagar Parishad, Bagaha, and also the consequential order dated 16.11.2006 issued by the Executive Officer, Nagar Parishad, Bagaha. The brief facts of the case for the decision of the present matter are that the petitioner was functioning as Head Assistant in Bagaha Municipality when, by order dated - 2 - 27.7.1993 of the Chairman of Bagaha Municipality, his services were terminated holding that the joining of the petitioner accepted by the Executive Officer, Bagaha Municipality was illegal. By order dated 2.8.1993 the Executive Officer, Bagaha Municipality, after noting that the Chairman had no such authority under the Bihar Municipal Act, 1922, Rules and by laws delineated therein to terminate the service of any employee, held that the order dated 27.7.1993 passed by the Chairman was illegal and not acceptable and directed the petitioner to continue on his post as before. The Executive Officer also wrote to the District Magistrate, West Champaran Bettiah by his letter dated 18.8.1993 stating the aforesaid facts and seeking his approval to his order dated 2.8.1993. By order dated 16.9.1993, the District Magistrate after noting the action taken by the Executive Officer cancelling the order of the Chairman, Bagaha Municipality, approved the aforesaid action of the Executive Officer. The petitioner, thereafter, continued to function on the said post until the impugned order dated 13.10.2006 was issued by the District Magistrate - 3 - and the consequential order dated 16.11.2006 was issued by the Executive Officer, Nagar Parishad, Bagaha. Learned counsel for the petitioner submits that the impugned order dated 13.10.2006 of the District Magistrate is contrary to law. It is urged that the same does not take into consideration the action that has been taken by the then Executive Officer and the District Magistrate in treating as illegal the order dated 27.7.1993 of the Chairman, Bagaha Municipality. It is further submitted that it is not open to the authorities to terminate the service of the petitioner after more than 20 years from the date of petitioner’s appointment without following due procedure under the service Rules or the principle of natural justice. It is submitted that the earlier action of the Executive Officer by his letter dated 2.8.1993, which had been approved by the District Magistrate by his letter dated 16.9.1993, could not have been ignored by the subsequent District Magistrate so as to uphold an order dated 27.7.1993 passed by the Chairman, who evidently does not have the power to issue - 4 - any such order. Learned counsel for the State, has sought to defend the action of the respondent authorities by harping upon the fact that the original appointment of the petitioner itself does not appear to be in accordance with law. However, from a perusal of the counter affidavit, it is evident that most of the assertion made by the petitioner has been admitted to be correct, including the fact that the removal of the petitioner from service by order dated 27.7.1993 of the Chairman of Bagha Municipality is against the law. In view of the aforesaid stand taken by the respondents themselves in the counter affidavit as also the facts and circumstances as narrated above, it is evident that the order dated 13.10.2006 passed by the District Magistrate is illegal and without any basis. Learned counsel for the respondents is unable to show the provisions of law under which the District Magistrate could have passed any such order. Admittedly, the impugned orders are violaltive of the principles of natural justice. The writ application is, accordingly, - 5 - allowed. The impugned orders dated 13.10.2006 and 16.11.2006 are quashed. The petitioner shall be entitled to be reinstated in service with effect from the date of his removal and also to the arrears of salary and allowance treating him as in continuous service. It would, however, be open to the respondent authorities to take any appropriate action against the petitioner in accordance with law. VPS ( Ramesh Kumar Datta, J. )