ISMAIL KHAN Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition is directed against the order dated 5th August, 2000, passed by the State Government (respondent No. 1) whereby the petitioner has been removed from the office of the President, Nagar Panchayat Farah, district Mathura in exercise of powers under Section 48 (2A) of the U. P. Municipalities Act. 1916 (hereinafter referred to as the Act).

(2.) Briefly stated the facts are that the petitioner was elected as the President (Adhyaksh) of Nagar Panchayat Farah in district Mathura. On a complaint received against the petitioner, the State Government issued a show cause notice to him under Section 48 (2A) of the Act asking him to submit his explanation regarding the charges levelled against him. In the said notice, seven charges were shown to have been committed by the petitioner. The first charge was that the police arrested the petitioner on 16th May, 1998, in Crime Case No. 96 of 1998 under Sections 121. 121A, 122, 201 and 212, I.P.C. which amounted to involvement of the petitioner in a criminal offence. Charge No. 2 to 7 were in relation to the contracts given by the petitioner to other persons against the Government orders as well as against the orders of the District Magistrate. The petitioner was to give thekas by enhancing 30% of the amount of the preceding year but the petitioner did not follow such instructions of the Government. It is not necessary to refer the details of the charges here. The petitioner submitted his explanation to those charges to the State Government. He denied the charge that he had awarded any contract against the instructions or orders of the Government. He further stated that the mere fact that a criminal case has been registered against him, he couldn't be held guilty unless the Court finally decides the matter. Respondent No. 1 after narrating the charges levelled against the petitioner and the explanation given by him, passed the impugned order dated 5th August, 2000, removing him from the post of the President (Adhyaksh), Nagar Panchayat Farah, district Mathura.

(3.) We have heard Shri R. N. Singh, learned counsel for the petitioner, and the learned standing counsel for respondent Nos. 1 and 2.