WP(C) 5775/2010 BEFORE HON’BLE MR. JUSTICE A.K. GOSWAMI Heard Mr. P. Pathak, learned senior counsel for the petitioner as well as Mr. B. J. Talukdar, learned Additional Senior Government Advocate, Assam appearing for the respondent Nos. 1, 2 & 3. None appears for the respondent No. 4/Board as wel l as the private respondents. The petitioner is a Head Assistant under the Barpeta Road Municipal B oard and he has filed this application with the following prayer : In the premises aforesaid it is most respectfully prayed that your L ordships would be pleased to admit this application, call for the records of the case, by issuing a Rule calling upon the respondents to show cause as to why a writ in the nature of certiorari should not be issued to quash the (i) Impugned first show cause notice issued by the Chairman, Barpeta Road M unicipal Board, vide memo No. BRMB/Chairman- 01/2010/216 dated 13.5.2010. (ii) Impugned show cause notice issued by the Chairman, Barpeta Road Municipa l Board under Memo No. BRMB/Chairman-01/2010/2114 dated 24.9.10. (iii) Impugned suspension order issued by the Chairman of the Barpeta Road Municipal Board under Memo No. BRMB/Chairman-01/2010/405 dated 5.6.2010. (iv) The purported departmental proceeding to be initiated as per th e Board meeting held on 4.6.10 under the signature of the Chairman of the Board. (v) and/or why a writ in the nature of Mandamus should not be issued directi ng the respondents more particularly Respondent No. 1 to dispose of the statutor y appeal under sub-section (2) of Section 50 of the Assam Municipal Act, 1956, p ending before the Commissioner & Secretary, Urban Development Department, Assam and also commanding the Respondent No. 5 Chairman of the Board not to take any f urther action to terminate the service of the petitioner pursuant to the resolut ion adopted in the so called meeting of the Board on 5.10.10 and/or not to give affect to the said resolution adopted on 5.10.10 and/or as to why any other appr opriate writ or direction should not be issued to quash the said departmental pr oceeding purportedly initiated on the basis of a resolution adopted by the Board on 4.6.2010 to terminate the service of the petitioner and after hearing the pa rties and on cause/or causes being shown be pleased to make the Rule absolute an d to pass such further order/orders as Your Lordships may deem fit and proper. At the hearing today, Mr. Pathak limits his prayer to the disposal o f the appeal filed by the petitioner u/s 50(2) of the Assam Municipal Act, 1956, for short, the Act and he submits that the petitioner will be satisfied if a di rection is issued to the respondent authority to dispose of the said appeal in a ccordance with law. Mr. B. J. Talukdar, with reference to the affidavit-in-opposition fil ed by the respondent No. 2, submits that the competent authority in the State Go vernment could not dispose of the appeal in view of the pendency of this proceed ing and that he does not have any objection to the prayer made by the learned se nior counsel for the petitioner. It appears from the memo of appeal presented u/s 50(2) of the Act (Anne xure- ’F’) to the writ petition, that the appeal was preferred against (i) the s how cause notice dated 13.5.2010 by which the petitioner was directed to show ca use as to why departmental proceeding should not be initiated as per provision o f the Assam Services (Discipline and Appeal) Rules, 1964 and (ii) the order date d 5.6.2010 placing the petitioner under suspension, both orders passed by the Ch airman of the Barpeta Road Municipal Board. Having heard the learned counsel for the appearing parties, this Court is of the opinion that the prayer made by the learned senior counsel for the pet itioner is reasonable. Accordingly, the writ petition is disposed of with a direction to the C ommissioner and Secretary, Government of Assam, Urban Development Department to dispose of the appeal, filed by the petitioner on 27.6.2010, in accordance with law within a period of two months from today. The petitioner will be at liberty to place before the aforesaid authori ty a certified copy of this order to enable him to act in terms of the direction s contained herein.