MASHKOOR RAHMAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rakesh Pandey, learned counsel for the petitioners, Sri Birendra Kumar Yadav, learned Standing Counsel for the respondent Nos. 1 to 4 and Sri H.K. Asthana, learned counsel for the respondent No. 5.

(2.) BY means of the present writ petition, the deceased employee namely Late Mashkoor Rahman has challenged the impugned order dated 11.11.2013 passed by the Director, Local Bodies, Lucknow which is an order of punishment dismissing him from service as well as directing for recovery of a sum of Rs. 20,80,500/ - alongwith 7% yearly interest.

(3.) BRIEF facts giving rise to the present writ petition are that this Court while entertaining the writ petition on 21.11.2013 had stayed the recovery proceedings initiated against the deceased employee. During pendency of this writ petition, Sri Mashkoor Rahman (petitioner) died on 12.12.2014. Thereafter a substitution application was filed by the legal representatives of the deceased employee and this Court vide order dated 30.1.2015 had allowed the substitution application and now the present writ petition is being contested through legal representatives of Makshoor Rahman (deceased employee). The deceased employee was a Clerk in the Municipal Corporation, Amroha (hereinafter referred as "Corporation") and at the relevant point of time, he was holding the post of Executive Officer. The allegation was levelled against the deceased employee that while officiating as Executive Officer, he got the slaughter house of the Corporation (hereinafter referred as "disputed property") vacated and auctioned at much lower price than the circle rate and as such the Corporation had suffered loss of Rs. 20 lakh and odd, which is sought to be recovered by means of order impugned.