IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5086 of 2008 KAMESHWAR PRASAD SINGHSON OF LATE DEV NANDAN SINGH, VILLAGE SEKHANA P.O AND POLICE STATION BAIRGANIA, DISTRICT SITAMARHI AT PRESENT WORKING AS HEAD CLERK CUM-ACCOUNTANT, NAGAR PANCHAYAT, BAIRGANIA, DISTRICT SITAMARHI. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. COLLECTOR, SITAMARHI(SUMAN KUMAR). 3. MANOJ KUMAR, BLOCK DEVELOPMENT OFFICER, BAIRGANIA BLOCK CUM-EXECUTIVE OFFICER, NAGAR PANCHAYAT BAIRGANIA, DISTRICT SITAMARHI. ... ... RESPONDENTS. ----------- 2. 5.8.2009. Petitioner Head Clerk of the Nagar Panchayat Bairgania is aggrieved by the order of the District Magistrate, Sitamarhi bearing Memo No.324 dated 4th March,2008 where under the District Magistrate in the light of the pending enquiry in regard to the date of birth of the petitioner has asked the Block Development Officer-cum-Executive Officer, Bairgania to relieve him of the charge of the Head Clerk and to hand over the same to Shambhu Prasad Chourasia, Head Assistant. It is submitted by the learned counsel for the petitioner that in view of the provisions of the Bihar Municipal Act,2007, District Magistrate has no jurisdiction at all to conduct any enquiry in regard to the age of the petitioner who is the employee of the Nagar Panchayat and is within the control of the Nagar Panchayat and its Executive - 2 - N.H./ Officer. Having heard counsel for the parties, without going into the correctness or otherwise of the aforesaid submission, I direct the District Magistrate to complete the enquiry as regards date of birth of the petitioner as also to pass appropriate orders in the light of the enquiry report within one month from the date of receipt/production of a copy of this order. It goes without saying that if the petitioner is not satisfied with the order of District Magistrate, then he shall be at liberty to challenge the same raising even the point of jurisdiction which has been noted in this order. It also goes without saying that if the petitioner has not reached the age of superannuation as per the order of the District Magistrate, then the District Magistrate shall ensure that the entire arrears of salary is released to the petitioner within the same time. This application is, accordingly, disposed of. ( V.N. Sinha,J.) - 3 -