SHANTILAL P SHAH Vs. K K ASARANI

JUDGEMENT

(1.) Shri B.Y. Mankad, learned counsel for the petitioners. Shri L.R. Pujari, learned AGP for the respondent no.1. None for the respondent no.2 though name of Shri M.I. Patel is shown in the daily board.

(2.) The short facts necessary for disposal of the present writ application are that for raising an overhead water tank certain tenders were invited, the work was got completed, but after some time, it was detected by the Municipality that the councillars, who had sanctioned the project, in fact, caused loss of sum of Rs. 96,320/- to the Municipality by passing resolution no. 350 dated 17.2.80.

(3.) The then Director of the Municipality issued a show cause notice to the petitioners on 18.9.89 to show cause that why the said amount of Rs. 96,320/- be not recovered from those councillars jointly or independently. The petitioners submitted their reply. After giving due opportunity of hearing to the petitioners, the then Director Shri Harsh Patra [I.A.S.], in his order dated 11.5.90 observed that the councillars were not liable to anything, they had not committed any wrong and no recoveries could be made against them. He directed discharge of the notice. However, he further directed that revised audit report be obtained and as per the said revised audit report, liability of the officers/employees of the Municipality be fixed and the money/damages be recovered from the said officers/employees.