IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6401 of 2010 1. RAMESHWAR NATH PATHAK S/O LATE THAKUR PATHAK R/O VILL.- DAKHIN TOPLA, P.O.- SIWAN, DISTT.- SIWAN Versus 1. THE STATE OF BIHAR 2. THE NAGAR PARISHAD, SIWAN THROUGH ITS COUNCILLORS, AT SIWAN 3. THE CHAIRMAN, NAGAR PARISHAD, SIWAN 4. THE EXECUTIVE OFFICER NAGAR PARISHAD, SIWAN ----------- 5. 03.05.2010. Heard learned counsel for the petitioner, State and the Siwan Municipality who has not filed counter affidavit. 2. It appears, petitioner was placed under suspension by the Chief Executive Officer of the Siwan Municipality under order dated 26.11.2007, Annexure-13 which was revoked by the Chairman of the Municipality under orders dated 24.12.2007, Annexure-15 whereafter he has been served with a supplementary charge-sheet by the Executive Officer under order dated 2.3.2009, Annexure-18 against which petitioner moved the Chairman of the Municipality who has passed order dated 7.11.2009, Annexure-19. 3. It is submitted on behalf of the petitioner that petitioner has already deposited the amount of Rs. 27,000/- and odd the amount of loss caused to the Municipality whereafter the Executive Officer deputed him to undertake various duties on behalf of the Municipality vide order dated 15.6.2009, Annexure-20 series yet he is not being paid any salary as according to the counsel for the Municipality further amount is to be recovered from the petitioner. 4. Let the petitioner and the Executive Officer, Siwan Municipality appear before the Chairman of the Municipality on 17th May, 2010 whereafter the Chairman shall hear both the petitioner and the Executive Officer and pass appropriate orders and if any amount is found due from the petitioner, the same shall be recovered from the salary payable to him and balance amount shall be released in favour of the petitioner. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)