KM GARIMA SINGH KAUSHAL KUMAR SINGH Vs. EXECUTIVE OFFICER NAGAR PALIKA PARISHAD NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) In writ petitions 3300 of 2001, 4469 of 2001, 4474 of 2001, and 4475 of 2001 petitioners have prayed for quashing orders dated 4.12.2000 passed by Chairman, Nagar Palika Parishad, Deoria restraining petitioners from working in Nagar Palika Parishad Deoria and signing the attendance register. They have prayed for directions to permit them to work as teachers in Shishu Mandir Montesary Vidyalaya Nagar Palika Parishad, Deoria (Writ Petition No. 3300 of 2001); Drivers ( Writ Petition No. 4469 of 2001); Beldar, (Writ Petition No. 4474 of 2001); Mali, Malaria Karamchari and Safai Nayak (Writ Petition No. 4475 of 2001).

(2.) The order dated 4.12.2001 was passed, as the Chairman has raised a doubt over the validity of their appointments made by outgoing Chairman, Nagar Palika Parishad. It is contended in writ petition that the successor in office of the Chairman had initiated an enquiry and that pending the enquiry the petitioners could not be stopped from functioning. The Court while issuing the interim orders in all the writ petitions, staying the operation of the order dated 4.12.2000, left it open to the Nagar Palika Parishad Deoria, to conclude the enquiry and to take action in accordance with the law. In case any adverse action was to be taken, it was made open to the petitioners to take such legal proceedings by means of filing of appeal etc. as was permissible in law. The petitioners were also directed to cooperate in the enquiry.

(3.) The enquiry with regard to the appointment was entrusted to a Five-Member Committee headed by Smt. Neera Singh, Member Nagar Palika Parishad, Deoria. The other members of the Committee included Dr. Anand Kishor Gupta, Engineer Water Works-, Sri J.P. Tiwari, Sanitary Inspector; and Sri Rajesh Misra and Sri Ravi Shanker Srivastava both members of the Nagar Palika Parishad, Deoria. The Committee submitted its report dated 4.7.2001 with the finding that the appointments of all the 21 employees of the Parishad by the outgoing Chairman Dr. Shiv Hari Singh, were illegal and irregular. The proceedings of appointments were initiated without seeking permission of the District Magistrate and issuing any advertisement. There is no record of their appointments available in the Nagar Palika Parishad. They had never worked in the office of Nagar Palika Parishad. The Officiating Executive Officer, who is the appointing authority under Section 74 of U.P. Municipalities Act 1916 (in short the Act) had no role in these appointments and that the petitioners had given inconsistent statements with regard to their selections. The District Magistrate was not even informed with the proceedings, and that five non-centralise employees of the Parishad had misused their positions and taken financial benefits in such appointments.