Judgment This is an application under Articles 226 and 227 of the Constitution of India for issuance of a writ of mandamus against Danapur Nizamat Municipality directing it to implement the Government order dated 22.8.1979, contained in Annexure-9 by reinstating the petitioner in the Post that he hold prior to his removal from his service. 2. The facts in brief are that the petitioner was employed in the aforesaid Municipality. He was dismissed from service by order of the Chairman of the Municipality dated 11.7.1962 (Annexure-6). The petitioner being aggrieved by the order of dismissal filed an appeal before the State Government and the State Government in exercise of its power under section 363(3) of the Bihar and Orissa Municipal Act, 1922. (The Bihar Municipal Act, 1978) quashed the dismissal. The Government in its order dated 22.8.1968 (Annexure-9) also ordered that the petitioner should be re-instated in his post. The petitioner wants implementation of this order, the Municipality has not bothered to reinstate the petitioner nor has any emoluments been paid to him since 1963. 3. Notice of this application was issued to the District Magistrate, Patna as well as the Chairman, the Executive Officer and the special officer of the Municipality. Cause has not been shown by any of the respondents. The facts therefore, asserted by the petitioner must be held to have been established. Mr. Gupteshwar Prasad, learned counsel for the respondents has today informed the court that he is unable to explain why Government order, contained in Annexure-9 dated 22.8.1968, has not been carried out by the municipality. 4. We have failed to appreciate the attitude of the Municipality. There can be no doubt about the power of the State Government to set aside the order of the Commissioners of the Municipality removing the petitioner from service. Such a power is clearly envisaged under Section 363(3) of the Bihar Municipal Act. The municipality was therefore, obliged to implement the Government order contained in Annexure-9. It must, therefore, be implemented and a writ of mandamus must issue. 5. For the reasons stated above, the application is allowed. Let writ of mandamus issue commanding the Chairman and all the Commissioners to implement the Government order dated 22.8.1968, contained in Annexure-9. The petitioner must be reinstated in service within one month from this day. Matters relating to payment of salary must be sorted out within four months. 6. 5. For the reasons stated above, the application is allowed. Let writ of mandamus issue commanding the Chairman and all the Commissioners to implement the Government order dated 22.8.1968, contained in Annexure-9. The petitioner must be reinstated in service within one month from this day. Matters relating to payment of salary must be sorted out within four months. 6. In view of the attitude of the Municipality, we are constrained to allow this application with cost. Hearing fee Rs.250/-payable by the Municipality. Application allowed.