Tapen Sen, J. - (1.) Heard Mr. Jai Prakash, learned counsel for the petitioner and Mr. Rai Rajat Nath, advocate, on behalf of the Ranchi Municipal Corporation.
(2.) From the order sheets of this case it is apparent that on 23.1.1996 this writ application was admitted for hearing and thereafter, the office forwarded a copy of the order to the Administrator, Ranchi Municipal Corporation, Ranchi for information etc. However, while admitting the writ application one of us recorded that since all the respondents had already entered appearance and filed counter -affidavit, no notice therefore, need to be issued. Subsequently, on 10.12.1997 the office requested the Filing Sec. to report whether counter -affidavit had been filed as per order No. 3 and on 11.12.1997 the endorsement made in the order sheet shows that counter -affidavit had not been filed. This case was taken up for hearing on 19.9.2002 and in the presence of the learned counsel for the respondents it was directed that the case would be placed after one week as a part heard matter and in the mean time, the office was directed to trace out any such counter -affidavit that may have been filed in this case. However, no such counter -affidavit had been filed and therefore office note dated 11.12.1997, to the effect that no counter -affidavit had been filed in this case, is accepted. The case is therefore, now taken up finally.
(3.) On 1st July, 1988 the Government, in exercise of powers conferred by Sub -section (2) of Sec. 62 of the Patna Municipal Corporation Act. 1951 published a notification directing inter alia, that the rules specified in the schedule appearing therein shall apply to the officers and servants of the Municipal Corporation with such adoption and modifications as mentioned therein. From a perusal of the schedule of the said notification, it is provided that Chapter III including other chapters of the Bihar Service Code shall apply. In other words, Chapter III of the Bihar Service Code shall apply to the Officers and servants of the Municipal Corporation.;