IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7852 of 2009 RAM PYARE PRASAD, SON OF LATE GAURI RAM, RESIDENT OF MOHALLA NIGAM QUARTER, B, AREA, MITHAPUR, P.S. JAKKANPUR, TOWN AND DISTRICT PATNA. Versus 1. PATNA MUNICIPAL CORPORATION, PATNA HAVING ITS OFFICE AT BUDH MARG, PATNA, THROUGH ITS MUNICIPAL COMMISSIONER. 2. THE MUNICIPAL COMMISISONER, PATNA MUNICIPAL CORPORATION, BUDH MARG, PATNA. 3. THE ADDITIONAL MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPORAITON, BUDH MARG, PATNA. ----------- 05. 02.07.2010 Heard learned counsel for the petitioner and counsel for the the Patna Municipal Corporation(hereinafter referred to as the PMC). 2. Petitioner had initially filed this writ application questioning the suspension order dated 11.6.2009 passed by the Municipal Commissioner, PMC contained in Annexure-3 to this application. This Court under orders dated 13.7.2009 having noticed the fact that petitioner had applied for four days leave for the period between 8-11.6.2009 to attend and organize the marriage of his son under application dated 6.6.2009, Annexure-1 and had proceeded to his village home was placed under suspension under order dated 11.6.2009 stayed the operation of order dated 11.6.2009, Annexure-3, whereafter suspension of petitioner was revoked under order bearing memo No.1723 dated 20.7.2009 as contained in Annexure-5 to this application but the proceeding was directed to be continued. Under order bearing Memo No.1841 dated 4.8.2009, Annexure-6 petitioner has been served with memo of charge in form “ka” with direction to the Enquiry Officer to conclude the proceeding within 30 days. It is submitted on behalf of the petitioner that along with the order dated 4.8.2009, Annexure-6 memo of charge in form „ka‟ was not served on - 2 - the petitioner. Counter affidavit has not been filed disputing the aforesaid submission that petitioner has been served with the memo of charge. 3. In the circumstances, this Court has no option but to dispose of the writ application directing the Enquiry Officer to serve the charge sheet and thereafter conclude the enquiry proceeding in compliance of the order of the Municipal Commissioner, PMC dated 4.8.2009, Annexure-6, if not already concluded as early as possible, in any case within 60 days from the date of receipt/production of a copy of this order before the Enquiry Officer. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)