IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17266 of 2011 1. Ashok Kumar Singh S/O Late Janak Kishore Singh R/O Village- Ekwari, P.S.-Sahar, Distt.-Bhojpur At Ara 2. Arbind Kumar Sinha S/O Late Raja Prasad Sinha R/O Village-Itwa, P.S.-Wazirganj, Distt.-Gaya 3. Prem Kishore Singh S/O Ram Chandra Singh R/O Mohalla-Bahiro. P.S.-Nawada Ara, Distt.-Bhojpur At Ara 4. Aditya Kumar Bhagat S/O Nageshwar Prasad R/O Mohalla- Begampur, P.S.-Ara Town, Distt.-Bhojpur At Ara 5. Suresh Kumar Singh S/O Late Sita Ram Singh R/O Village-Laxmipur, P.S.-Sinha Ghat, Distt.-Bhojpur At Ara ---Petitioners. Versus 1. The State Of Bihar 2. The Secretary, Urban Development And Housing Department Govt. Of Bihar Patna 3. The Commissioner, Patna Division Patna 4. The District Magistrate, Bhojpur at Ara 5. The Municipal Commissioner, Ara Municipal Corporation Ara 6. The Executive Officer Ara, Municipal Corporation Ara --Respondents. ---------------------------------- 03 20.10.2011 Heard Mr. Ramakant Sharma, learned counsel for the petitioners, Ms. Abha Singh, learned counsel for the respondent Ara Municipal Corporation and Mr. Prabhat Ranjan learned Assistant Counsel to Government Pleader no. 12 for the State. Petitioners filed the present writ petition challenging the notice dated 10.09.2011 issued by the Municipal Commissioner of Ara Nagar Nigam ( for short ‘Nigam’) as contained in Annexure 1 whereby they were directed to submit their respective show causes and satisfy the authority about validity of their appointment/induction in the service of the respondent Nigam. During pendency of the application the respondent Nigam passed the final order dated 21.09.2011 as contained in Annexure 6 series whereby their services were terminated. On perusal of the order, it appear that the foundation for passing 2 of the said order is the report of the District Magistrate as contained in letter no. 8164 dated 04.12.2009 (Annexure-5) as well as the order passed by this Court in CWJC No. 3897 of 1985 (Annexure-3). The said order has been brought on record by way of amendment application. While assailing the said order, learned counsel submits that the notice (Annexure-1) was issued to submit their reply whereafter the petitioners approached the respondent with the certificate (Annexure-7) wherefrom, it appears that they took a stand that a writ petition is going to be filed for challenging the notice itself. Learned counsel submits that in this factual circumstance, the petitioners could not submit their effective reply in response to the notice contained in Annexure -1 series and the order has been passed without giving them adequate opportunity to file their reply to the show cause. The order impugned may be set aside and the petitioners be given an opportunity to submit their respective show causes against Annexure-1 series. It is contended that now since the petitioners are fully cognizant of the report of the District Magistrate (Annexure-5) as well as the order passed by this Court in CWJC No. 3897 of 1985 they would file effective show cause(s) within 03 weeks whereafter the authority may be directed to pass a fresh order. Learned counsel for the respondent Nigam submits that the authority will consider the show causes to be filed by the petitioners and thereafter take appropriate decision afresh in accordance with law. In view of the aforesaid stand taken by the parties before this Court, I am inclined to dispose of the application by the following order:- 3 Let the petitioners file their reply to the notice as contained in Annexure-1 within 03 weeks from today before the respondent no.5 along with a copy of the present order whereafter the said respondent shall consider the case of the petitioners and take a fresh decision in accordance with law. It is made clear that till fresh order is passed by the respondent no.4 in the light of the present order, the order dated 21.09.2011 Contained in Annexure-6 series, shall remain in abeyance. Sym ( Kishore K. Mandal, J.)