RUBAIDA KHAN Vs. STATE OF UP

JUDGEMENT

(1.) By this petition, the Petitioner has challenged the impugned show-cause notice dated 19th March, 2010 issued by the State Government under Section 48 (2) of U.P. Municipalities Act, 1916 (hereinafter referred to as Act) by which the financial and administrative powers, functioning and duties of the President of Nagar Panchayat Parshadepur, District Rae Bareli has been ceased.

(2.) Learned Counsel for the Petitioner, Sri O.P. Srivastava submits that the said notice has been issued on extraneous consideration for such allegations which have no substance. One Executive Officer (earlier known as Bakshi), namely Sri Bhimsen Sonkar (Opposite Party No. 5) was already working as Executive Officer when the Petitioner took oath of the office of the President on 15.11.2006. The said Executive Officer has made certain complaints against the Petitioner to pressurize the Petitioner to revise his pay according to the 6th Pay Commission and pay salary but without providing the service book. He further submits that the work and conduct of the Executive Officer was very bad and he was not co-operating with the smooth functioning of the Nagar Panchayat. The said officer was not attending the office regularly and was neither marking his presence in the Attendance-register nor mentioning any detail of his tour/visit in the concerned register, so the Petitioner passed an order dated 19.3.2009 requiring the Executive Officer to attend the office properly by recording the entries in the Attendance register. He has drawn our attention towards Annexures 2 and 3 of the writ petition. When the said officer did not respond properly, the Petitioner wrote a letter on 3.4.2009 requesting him again to supply information in writing pertaining to his service book.

(3.) The officer did not supply the service book despite repeated requests and he remained absent from duty under the pretext that he had gone to Rae Bareli. The Petitioner wrote a letter dated 12.5.2002 (Annexure 8) to the District Magistrate as well as Additional District Magistrate (Administration), Rae Bareli informing the prevailing situation. The copy of the said letter was endorsed to the Director, Local Bodies, Uttar Pradesh. Learned Counsel for the Petitioner also submits that the Executive Officer (opposite party No. 5) is posted in Nagar Panchayat. Parshadepur for the last about five years but he is not residing at the place of posting and he is not attending the duties by coming to the office in time. The Executive Officer has not produced the service book despite repeated requests, as mentioned in Annexure 9 to the writ petition. According to the counsel for the Petitioner, the employees of Nagar Panchayat had also lodged complaint against the said Executive Officer Sri Bhimsen Sonkar as he is demanding bribe for making the payment of salary and for continuing the Safai Karmchari. For this purpose, he has drawn our attention to Annexure 10 to the writ petition.