SARDAR JAVED KHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Shashi Nandan, learned Senior Advocate assisted by Shri Prem Chand and Udayan Nandan for the Petitioner, Shri S.G. Hasnain, Additional Advocate General for the Respondents and Shri Anurag Khanna for the applicant i.e. Roop Singh who has sought impleadment in the writ petition.

(2.) By this petition, the Petitioner has prayed for quashing the order dated 25/7/2011, passed by he State Government issuing show cause notice to the Petitioner, the President Nagar Palika Parishad, Rampur to show cause as to why he be not removed from the office of President on the charges as mentioned in the notice issued under Section 48(2) of the U.P. Municipalities Act, 1916 hereinafter referred to as the "Act 1916". The State Government also while issuing the show cause notice directed that the charges being serious in nature the Petitioner's financial and administrative powers shall remain ceased till he is exonerated from the charges.

(3.) The Petitioner was elected as the President Nagar Palika Parishad, Rampur in October, 2006. Twenty Two temporary posts of drivers were created in Nagar Palika Parishad, Rampur by order dated 28/8/2006. Nagar Palika Parishad, Rampur issued an advertisement on 30/12/2006, inviting applications for appointment on 22 posts of drivers from the candidates having Driving Licence with an ability to read and write Hindi. 143 applications were received in response to the aforesaid advertisement. A Selection Committee consisting of the President (Petitioner), Executive Officer, Senior Health Officer, Executive Engineer, Assistant Tax Superintendent and Accounts Officer was constituted by the Chairman and the selection took place on 21/4/2008 and 22 persons were given appointment.