IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14326 of 2010 RANA PRATAP SINGH, SON OF SHRI ARJUN SINGH, RESIDENT OF MOHALLA RAM RAJ NAGAR, KARMA ROAD, AURANGABAD, P.S. AURANGABAD, DISTRICT AURANGABAD PRESENTLY POSTED AS ASSISTANT, OFFICE OF DISTRICT BOARD, AURANGABAD. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY. 2. THE DIRECTOR, PANCHAYATI RAJ DIRECTORATE, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE. 4. THE CHAIRMAN, DISTRICT BOARD, AURANGABAD. 5. THE DEPUTY DEVELOPMENT COMMISSIONER, AURANGABAD CUM CHIEF EXECUTIVE OFFICER, DISTRICT BOARD, AURANGABAD. ----------- 03. 06.09.2010 Heard learned counsel for the petitioner and the counsel for the Zila Parishad, Aurangabad(hereinafter referred to as the Zila Parishad). 2. Petitioner is aggrieved by the order dated 4.6.2010, Annexure-11 passed by the Deputy Development Commissioner-cum- Chief Executive Officer of the Zila Parishad, whereunder he has been asked to hand over charge of the post of Head Clerk cum Accountant to Sri Rajeshwar Prasad Singh from whom petitioner had taken charge in compliance of the order of the Board, as would appear from order dated 29.8.2008, Annexure-7, perusal whereof indicates that the said order has been passed under the signature of the Chairman of the Zila Parishad but counsel for the petitioner states that order may have been issued under the signature of the Chairman but was issued after resolution of the Board of Zila Parishad, which is contained in Annexure-6 to this application. With reference to Anneuxres-6 and 7 counsel for the petitioner submitted that Deputy Development - 2 - Commissioner-cum-Chief Executive Officer of the Zila Parishad could not have passed order contrary to the resolution of the Board as is reflected under Annexures-6 and 7. 3. From perusal of the order dated 4.6.2010, Annexure-11 it does not appear that the same has been passed in the light of the resolution of the Board, in the circumstances, I deem it expedient to permit the petitioner to represent before the Board of the Zila Parishad, which should consider the same in accordance with law as early as possible, in any case within two months from the date of receipt of the representation of the petitioner along with a copy of this order. It is clarified that the observation made by the Deputy Development Commissioner-cum-Chief Executive Officer of the Zila Parishad under order dated 4.6.2010, Annexure-11 that services of the petitioner is not satisfactory, will have no bearing while considering his representation by the Board of the Zila Parishad. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)