(Per: Hon'ble Mr. Justice I.A. Ansari)

Compelled to do what is imperative so as to adhere to, and maintain, judicial discipline and impelled by the call of duty, I, with some degree of sadness and a deep sense of anguish, pen down my views and conclusions in the context of the facts and attending circumstances, which have led to the constitution of this Full Bench. Strictly speaking, administration of justice inheres judicial discipline. No wonder, therefore, that while administering justice, judicial discipline is needed to be adhered to.

2. These two Public Interest Litigations (PIL) and the Interlocutory Applications filed therein have been ordered to be listed before this Full Bench so as to arrest apparently conflicting directions emanating from two Division Benches of this Court in relation to a singular matter, which has arisen from the State Government's Resolution No. 17184, dated 12.12.2014, placing, in exercise of its powers under Rule 3(1)(a) of All India Services (Discipline & Appeal) Rules, 1969, under suspension, Shri Kuldip Narayan, I.A.S., who had been functioning at the time of his suspension, as Commissioner, Patna Municipal Corporation, and the consequential order contained in State Government's Resolution No. 3966, dated 15.12.2014, directing Shri Kapil Ashok Shirsit, I.A.S., Additional Municipal Commissioner, Patna Municipal Corporation, to discharge the functions of the Chief Executive Officer-cum-Municipal Commissioner of the Patna Municipal Corporation.

BACKGROUND FACTS

3. The material facts, which led to the constitution of this Full Bench, may, in brief, be set out as under:-

(i) On 1.11.2012, a PIL was filed by Suresh Prasad Yadav and others, being C.W.J.C. No. 20570 of 2012 (referred to, for convenience, as 'first PIL'), bringing to the notice of this Court the grievances of the people, in general, and residents of Village-Sampatchak, Bairiya, P.S.-Gopalpur, District Patna, in particular, with regard to dumping of solid municipal waste causing environmental pollution and health hazard. As the same was being allegedly done at the behest of the Patna Municipal Corporation, the Patna Municipal Corporation was made one of the party-respondents through the Chief Executive Officer-cum-Municipal Commissioner. Some of the orders passed in these proceedings, insofar as they are relevant, are quoted hereunder:-

"17.5.2013. A counter affidavit is filed today on behalf of the Patna Municipal Corporation affirmed by Sri Kuldip Narayan, Municipal Commissioner. We have gone through the same.

The Corporation does not appear to be realizing the gravity of the situation giving the seriousness the matter deserves. Time is running out. Further delay would in our opinion create an irretrievable and grossly hazardous situation. The Corporation acknowledges possession of the lands having been given to it. Surprisingly it then questions its own acts with regard to construction raised and objections by such occupants. The counter affidavit reflects muddled thinking and is completely lacking in clarity of vision, thought and action.

We were inclined to issue certain directions to the Corporation today, but refrain from doing so at the request of the Principal Additional Advocate General. It is submitted that a proper counter affidavit shall be filed with regard to necessary steps to be taken for solid waste management in the form of a time schedule to be strictly adhered to.

We are also informed that the matter had engaged the attention of the court earlier also in another application, we request the Principal Additional Advocate General to bring any such earlier orders on record also.

Put up on 20.6.2013 at 2: 15 p.m.

Sd/- Navin Sinha, J.

Sd/- Shivaji Pandey, J."

"21.8.2013-

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5. From the facts narrated above, it is quite evident that the statutory authorities established by the State Government under Patna Municipal Corporation Act or the Union of India under Pollution Control Act