DEEKSHA GANGWAR Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner filed this writ petition challenging the order dated 8.8.2011 and 21.9.2011 passed by respondent Nos. 1, 2 and 4.

(2.) From the order impugned, we find that the Principal Secretary exonerated him from the charges excepting one with regard to an advertisement which according to him is not in the regular newspaper. Though, the matter has been communicated to the District Magistrate for the purposes of taking appropriate steps but Tehsildar issued a citation to him to recover the amount of Rs. 59,650/ on such ground.

(3.) Learned Standing Counsel appearing for the respondents has contended that the decision will be taken in this regard by the District Magistrate under Section 81 of the Uttar Pradesh Municipalities Act, 1916. However, such liability shall cease to exist after the expiry of ten years from the occurrence of such loss, waste or misapplication or after the expiry of five years from the date on which such President, member, officer or servant ceases to hold his office, whichever is later. Such amount will be recovered as land revenue.