KHURSHEED AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Suneet Kumar for the petitioner, learned Standing Counsel for the respondent no.1 and Sri Manu Saxena for the respondent nos.2, 3 and 4.

(2.) As the parties have exchanged their affidavits, with the consent of the learned counsel for the parties, this petition is being disposed of finally, at the admission stage itself.

(3.) The facts, in brief, are that the petitioner, who was a Clerk in Nagar Palika Parishad, Nehtaur, Bijnor, was placed under suspension by an order dated 06.08.2011 passed by the President, Nagar Palika Parishad, Nehtaur, Bijnor. A copy of the order of suspension was forwarded to the Safai Nirikshak, Sri Rajveer Singh, for the purpose of inquiry. Thereafter, a charge-sheet was issued under the signature of the President of the Board to which the petitioner submitted a reply thereby denying all the charges. In the meantime the Board's term was over. Accordingly, the State Govt., vide notification dated 17.12.2011 (Annexure RA1 to the Rejoinder affidavit), in exercise of its power under section 10-A (4) of the U.P. Municipalities Act, 1916, issued directions to all the District Magistrates for appointing administrator. In paragraph 5 of the aforesaid notification it was specifically mentioned that Executive Officer of the Municipality concerned will be assigned all executive powers relating to that Municipality. Consequently, Rajveer Singh, Safai Nirikshak, to whom the inquiry was assigned, after concluding the enquiry, on 04.06.2012, submitted an enquiry report to the Executive Officer/ Administrator, Nagar Palika Parishad, Nehtaur, Bijnor thereby exonerating the petitioner of all the charges leveled against him in the charge sheet. Relying on the inquiry report dated 04.06.2012, the Executive Officer, Nagar Palika Parishad, Nehtaur, Bijnor, by his order dated 05.07.2012 reinstated the petitioner in service with observation that the petitioner would maintain good conduct. Thereafter the Board was reconstituted after the elections. The respondent no.4, being re-elected, took oath as the President on 18.07.2012. On 09.11.2012, the respondent no.4 passed an order thereby rescinding the reinstatement order dated 05.07.2012 as well as the enquiry report. It is this order dated 09.11.2012, which has been challenged in the present petition.