IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13583 of 2010 AJAY KUMAR SINGH, SON OF LATE DR. PARMANAND SINGH, RESIDENT OF VILLAGE- RANIGANJ, P.O.- MARYGANJ, P.S.- RANIGANJ, DISTRICT- ARARIA :---- PETITIONER . Versus 1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL ADMINISTRATION, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF GENERAL ADMINISTRATION, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA. 4. THE BHAGALPUR MUNICIPAL CORPORATION, BHAGALPUR THROUGH ITS MUNICIPAL COMMISSIONER :---- RESPONDENTS. ----------- 2. 26.08.2010. Heard learned counsel for the petitioner, State and the Bhagalpur Municipal Corporation (hereinafter referred to as the “Corporation”). 2. Petitioner is a member of the Bihar Administrative Service. He has been promoted as a Joint Secretary in the pay band of Rs. 37400-67000/- under notification dated 29.6.2010, Annexure-2 whereafter he has been posted as Additional Municipal Commissioner, Bhagalpur under notification of the General Administration Department dated 2.7.2010, Annexure-1. It is submitted on his behalf that his posting as Additional Municipal Commissioner of the Corporation is contrary to the provisions contained in sub-section (1)(ix)of Section 36 of the Bihar Municipal Act, 2007. Highlighting such illegality petitioner has filed representation dated 29.7.2010 which is addressed to the - 2 - Principal Secretary, General Administration Department, Bihar, Patna, Annexure-3. 3. Let the Principal Secretary, General Administration Department, Bihar, Patna consider the representation of the petitioner dated 29.7.2010, Annexure-3 in accordance with law, as early as possible, in any case within one month from the date of receipt of this order by passing a speaking order. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)