SHAILA TAHIR Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioner has challenged her removal from the post of President, Nagar Palika Parishad, Nawabganj, Bareilly by the order of respondent no. 1, i.e. Principal Secretary, Nagar Vikas, U.P. Lucknow dtd. 10/5/2022 and the report of District Magistrate, Bareilly dtd. 6/1/2022. She has also prayed for a writ of mandamus commanding the respondents to permit her to discharge her duties as President of the Nagar Palika Parishad, Nawabganj, Bareilly.

(2.) The petitioner was elected as President of Nagar Palika Parishad, Nawabganj, Bareilly on 1/12/2017. A show cause notice dtd. 17/7/2019 was issued to her by respondent no. 1, seeking her explanation in relation to alleged wrongful withdrawal of a sum of Rs.47,31,035.00, out of Rs.52,40,554.00, from the funds provided by the State Finance Commission Grants. It was alleged that at the relevant time, no Executive Officer was working in the Nagar Palika and therefore, the withdrawal of the amount, amounts to a financial irregularity. It was also alleged that as a result, the safai karmees could not get their salary during Holi festival. The petitioner was called upon to reply to the said notice within seven days, along with the evidence, otherwise, proceedings for her removal would be initiated. The petitioner replied to the said notice on 27/7/2019 stating that the amount was used towards payment of arrears of salary to the employees of the Municipality and the development works executed by different firms. All the payments were made by account payee cheques. At the relevant time, Gulshan Kumar Suri was working as Executive Officer and the payments were made under the joint signatures of the petitioner and the said Executive Officer. The petitioner annexed the bank statements to prove her contention.

(3.) On 17/8/2019, the District Magistrate sent a communication to the State Government, mentioning various charges of misconduct on part of the petitioner and recommended for seizing her financial and administrative powers. On 18/8/2019, a show cause notice was issued to the petitioner by respondent no. 1, requiring her to submit her explanation within seven days, failing which, proceedings under Sec. 48(2) of the Act would be initiated against her. By same notice, respondent no. 1, exercising power under the proviso to sub-sec. (2) of Sec. 48 ceased the financial and administrative powers of the petitioner.