NAND KUMAR MAURYA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition is preferred by the petitioner challenging the show cause notice dtd. 11/11/2021 issued by the Additional Chief Secretary, Nagar Vikas, U.P. at Lucknow, whereby the petitioner has been show caused as to why he may not be removed from the office of the President, Nagar Panchayat, Khamariya, District Bhadohi and further by the impugned order dtd. 11/11/2021 the financial and administrative powers of the petitioner has been ceased.

(2.) The brief facts of the case is that the petitioner is the President, Nagar Panchayat, Khamariya, District Bhadohi. In respect of the alleged irregularities in purchase of dustbins in Nagar Panchayat, Khamariya, District Bhadohi, an enquiry was conducted by the Sub Divisional Magistrate, Aurai, District Bhadohi and a report was submitted on 24/6/2019. The aforesaid enquiry was conducted on the basis of the complaint made by one Sri Mainuddin Ansari, Sabhasad, Ward No. 12, Akbarpur and other Sabhasad, Nagar Panchayat, Khameriya, District Bhadohi. The Sub Divisional Magistrate by report dtd. 24/6/2019 did not find any irregularity in the purchase of the dustbins and as such, the complaint against the petitioner was shelved. The aforesaid report dtd. 24/6/2019 was forwarded by the Additional District Magistrate to the Commissioner, Vindhyanchal Mandal, Mirzapur by his communication dtd. 15/7/2019. Thereafter, another enquiry was ordered by the Additional Commissioner, Mirzapur on two issues, one relating to the allegations with regard to purchase of dustbins without following the relevant provisions of law and second that the dustbins were purchased from a firm owned by the daughter in law of the brother of the President-petitioner. The aforesaid enquiry was conducted by the Sub Divisional Magistrate, Gyanpur and the enquiry report was submitted on 19/10/2019. On the basis of the aforesaid, the notice was issued by the respondents to the petitioner on 3/9/2020 calling upon the petitioner to give explanation with respect to the allegations pursuant to the abovementioned enquiry report. In pursuance thereof, the petitioner has submitted his written explanation before the respondent authorities on 13/10/2020. The District Magistrate on 21/11/2020 has submitted his reply to the explanation submitted by the petitioner on 13/10/2020 and thereafter the personal hearing was also accorded to the petitioner on 17/3/2021 wherein also the petitioner submitted his explanation dtd. 16/3/2021 before the Additional Chief Secretary, Nagar Vikas-respondent no. 2.

(3.) It further transpires that after the hearing and the presentation of the submission by the petitioner on 17/3/2021, the explanation/written submissions of the petitioner were sent to the District Magistrate concerned on 13/4/2021 and thereafter the District Magistrate has submitted report dtd. 7/6/2021 of Committee. The aforesaid report dtd. 7/6/2021 was against the petitioner and on the aforesaid basis, the impugned show cause notice dtd. 11/11/2021 has been issued by the Additional Chief Secretary, Nagar Vikas-respondent no. 2 and further the financial and administrative powers of the petitioner has been ceased.