IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2161 of 2022 ======================================================

Shankar Kumar Balmiki Son of Sant Ram Resident of Ambedkar Chauk, Shivpuri Purani Bhatti Ke Pass, Chitkohra, P.S. - Gardanibagh, Patna, Bihar -

800002.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna, Bihar.

2. The Additional Chief Secretary, Housing and Urban Development Department, Government of Bihar, Patna.

3. The Patna Municipal Commissioner through the Municipal Commissioner, Maurya Lok, Patna.

4. The Municipal Commissioner, Patna Municipal Corporation, Patna.

5. The Empowered Standing Committee through the Mayor, Patna Municipal Corporation, Maurya Lok Patna.

6. The Additional Municipal Commissioner (Establishment), Patna Municipal Corporation, Patna.

7. The Executive Officer, Nutan Rajdhani Anchal, Patna Municipal Corporation, Patna.

8. The Executive Officer, Azimabad Anchal, Patna Municipal Corporation, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Amit Pandey, Advocate Mr. Rakesh Kumar, Advocate For the State : Mr. Kinkar Kumar (SC- 9)

For the P.M.C. : Mr. Ranjeet Kumar Pandey, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

CAV JUDGMENT

Date : 13-02-2026 Heard the parties.

2. The present writ petition has been filed for the following relief:-

“(A) For quashing the Order contained in Memo No-12105 dated 11.09.2021 passed by the Commissioner, Patna Municipal Corporation whereby and where under the petitioner was dismissed from the Service.

And/or (B) To call upon the records of Investigations and other proceedings instituted upon the private Complaint by one anonymous complainant Respondent No.9 which led to completely wrong and bad order Order contained in Memo No-12105 dated 11.09.2021.And/Or (C) For issuance of an order (s) / direction (s) or writ(s) in the nature of Mandamus directing Respondent No-3 to reinstate the service of the petitioner without any further delay with all consequential benefits for which the petitioner is entitled. And/or (D) For ad-interim stay upon the Order contained in Memo No-12105 dated 11.09.2021 in view of the order dated 14.09.2021 passed in CWJC 12598 of 2021 by this Hon'ble Court. And/or (E)To award litigation costs and damages which the Applicant has suffered because of the malafide and malicious act(s) of the Respondents.And/or (F)For issuance of any further order (s) /

direction (s) or writ (s).”

3. The learned counsel for the petitioner submits that the petitioner was appointed on compassionate ground on the post of Peon on the recommendation of the District Compassionate Appointment Committee in its meeting held on 25.05.1992 and subsequent thereto the Appointment Letter was issued on 06.06.1992. The petitioner was posted at Patna Municipal Corporation and started discharging his duties.

4. A complaint at the behest of some employee/officials of the Corporation was filed by one Parmeshwar Ram against the petitioner, wherein an allegation was levelled that the petitioner has obtained the duplicate appointment letter of one Shankar Kumar Balmiki whose mother Santri/Santra Devi was an employee of the Corporation and upon whose death the said Shankar Kumar Balmiki was appointed on compassionate ground and by manipulation in the document/Records, the petitioner has obtained job on compassionate ground in the Patna Municipal Corporation.

5. It has further been submitted that the complaint filed by Parmeshwar Ram was not an affidavited one and even the copy of the said complaint was not provided to the petitioner, which is in violation of the directions of the State Government contained in (Paripatra) No. 6211 dated 09.06.2008. The learned counsel for the petitioner further submits that pursuant to the complaint filed by Parmeshwar Ram an enquiry was initiated