IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17678 of 2009 KAMLA KANT YADAV S/O LATE MAHADEO MAHTO R/O MOHALLA- BABU TOLA, P.S. BANKA, DISTT.- BANKA Versus 1. THE STATE OF BIHAR 2. THE CHAIRMAN, NAGAR PANCHAYAT, BANKA 3. THE VICE CHAIRMAN, NAGAR PANCHAYAT, BANKA 4. THE EXECUTIVE OFFICER, NAGAR PANCHAYAT, BANKA 5. THE HEAD CLERK, NAGAR PANCHAYAT, BANKA ----------- 04. 01.02.2010 Circle Officer, Banka who is also acting as Executive Officer of Banka Nagar Panchayat has filed counter affidavit on behalf of respondent nos.2 to 5, which is taken on record. 2. Heard learned counsel for the petitioner and the counsel for respondent nos. 2 to 5. 3. Petitioner Junior Engineer serving in the Banka Nagar Panchayat seek mandamus directing the respondents to pay him the salary with effect from January, 2008. 4. The prayer of the petitioner is being refuted by the counsel for the respondents on the ground that he was found responsible for erroneous distribution of coupons to the members of the BPL/Antodaya scheme as he was found to have struck off the names of the beneficiaries of the two schemes and to have distributed the coupons to those who were not the beneficiaries of the scheme. In this connection, notice was given to the petitioner and two others under letter dated 18.9.2008, Annexure-2/A to recover the coupons, which he had distributed to the non-beneficiaries of the two schemes as also to produce the original list, which was published under his signature. In response to the notice petitioner submitted before the authorities that whatever irregularities is alleged to have been - 2 - committed by him is at the instance of the husband of the chairperson of the Nagar Panchayat, Srimati Indu Devi and he cannot be held responsible for illegal distribution of the coupons. 5. It appears form the counter affidavit that the matter was considered by the Board of the Nagar Panchayat on three dates, as is evident form the proceedings dated 9.9.2008, 27.9.2008 and 8.12.2009, Annexure-C and thereafter it was resolved by the Board that the salary of the petitioner be withheld, but no order withholding the salary of the petitioner has yet been served on the petitioner by the Nagar Panchayat in the light of the aforesaid resolutions, Annexure-C. 6. Having heard counsel for the parties, I am of the view that till date order withholding the salary of the petitioner has not been served on him in compliance of the aforesaid three resolution of the Board to withhold the salary of the petitioner. Accordingly, I direct the petitioner to represent before the Board of the Nagar Panchayat, Banka that the irregularities has been committed at the instance of the husband of the chairperson. In view of the allegation against the husband of the chairperson it is desirable that the representation of the petitioner be considered by the other members of the Board excluding the chairperson and the Board should take appropriate decision in the matter and pass appropriate orders in accordance with law as early as possible, in any case within one month from the date of receipt of the representation of the petitioner along with a copy of this order. 7. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 3 -