ORAL JUDGMENT

Date : 12-09-2024

1. Termination order of the petitioner from the service as an Accountant at the Nagar Parishad, Supaul is challenged with a prayer to issuance of a writ in the nature of Certiorari, quashing Letter No. 8264, dated 5th of December, 2023, by virtue of which his service was terminated. The ground for termination was that the order of appointment of the petitioner was illegal. The petitioner also prays for issuance of a writ in the nature of mandamus, directing Respondent No. 6, not to act upon the said termination order and to allow him to continue performing his duties as an Accountant for the remaining duration of his service. The petitioner also prays for an additional relief to initiate a regular appointment process for the sanctioned and vacant posts and to restrain the Respondent authorities from interfering with the independent functioning of Nagar Parishad, Supaul, as Nagar Parishad is having independent entity in view of 74th Constitutional Amendment Act, 1992.

2. The petitioner was initially appointed as an Accountant at Nagar Parishad, Supaul in December, 2014 through M/s G. A. Digital Web World Private Limited, a man- power supply agency. His duties were performed without any reported issues until December, 2016, when his services were terminated following the Parishad’s decision to discontinue manpower supplied by the said agency.

3. Reorganizing the operational difficulties, arising from the absence of a dedicated Accountant, the Board of Nagar Parishad, Supaul convened a General Meeting on 13th of April, 2016. During this meeting, the Board through proposal No. 4/iii, unanimously approved the reinstatement of the petitioner for 11 months on a fixed pay rate, specifically appointing him against a sanctioned and vacant post of Accountant. However, despite his approval, the resolution was not immediately implemented, leaving a gap in the accounting function of the Parishad.

4 On 28th of November, 2017, the Board of the Nagar Parishad, Supaul reaffirmed the need for the petitioner’s services. In the General Meeting, through Proposal No. 11, it was resolved to appoint the petitioner for a period of another 11 months at fixed salary of Rs. 11,000/- per month, which was to be paid from the internal resources of the Nagar Parishad, Supaul. Following this resolution, Respondent No. 6 issued Memo No. 1194, dated 30th of December, 2017, directing the petitioner to commence his duties from 1st of January, 2018. The petitioner submitted his joining report, which was duly accepted by the concerned authorities of the Parishad.

5. As the petitioner continued to perform his duties, the Respondent No. 6 sought for an approval for his regular appointment from the Director, Municipal Administration Directorate on 2nd of September, 2021. In the meeting of the Empowered Standing Committee of the Nagar Parishad, Supaul, held on 10th of December, 2021, the petitioner’s service was extended until further orders, recognizing the necessity of his role within the organization. Further on 5th of June, 2023, the Committee resolved to extend petitioner’s services till 31st of October, 2023, keeping in view the shortage of staff and proven efficiency of the petitioner. The final extension was granted for additional 11 months, with the petitioner’s role being adjusted to that of a Lower Division Clerk.

6. However, on 5th of December, 2023, Respondent No. 4 issued a letter, directing immediate termination of the petitioner’s service, declaring his appointment illegal due to non-compliance of the prescribed procedures including advertisement and reservation roster policy.

7. It is submitted by the learned Sr. Advocate appearing on behalf of the petitioner that petitioner’s appointment as Accountant was made in accordance with the mandatory provisions of the Bihar Municipal Act, 2007. The Nagar Parishad, Supaul has the authority to appoint any person as an employee by themselves and for the purpose of employment of a perso