ANIL KUMAR GARG Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner, who was elected as Chairperson of the Nagar Panchayat Tehsil Khairagarh district Agra on 27/6/2012 has filed this petition for quashing the show-cause notice dtd. 3/8/2015 issued by the Secretary in the Nagar Vikas Anubhag of the State Government to the extent it ceases the financial and administrative powers of the petitioner as Chairperson till his exoneration from the charges levelled in the show-cause notice. The petitioner has also sought the quashing of the consequential order dtd. 6/8/2015 passed by the District Magistrate, Agra.

(2.) The show-cause notice dtd. 3/8/2015 mentions that a communication dtd. 28/2/2014 was sent by the State Government seeking explanation from the petitioner through the District Magistrate Agra about the alleged illegalities committed by him as President of the Nagar Panchayat. The petitioner submitted an explanation and the District Magistrate also submitted his comments on the explanation offered by the petitioner. The order mentions that the State Government has reason to believe that there has been a failure on the part of the President in performing his duties and that there have been serious illegalities in the performance of his duties and that he had also misused his position. The petitioner was asked to submit a reply as to why he should not be removed from the post of President. The notice also mentions that the petitioner shall cease to exercise, perform and discharge the financial and administrative powers, functions and duties of the President unless he is exonerated of the charges mentioned in the show-cause notice issued to him and the finalisation of the proceedings.

(3.) Sri Shashi Nandan, learned Senior Counsel appearing for the petitioner assisted by Sri K.K. Tiwari, has submitted that the financial and administrative powers of the petitioner could not have been ceased without providing an opportunity of being heard and in support of his contention, learned Senior Counsel has placed reliance upon the order dtd. 18/12/2015 of a Full Bench of this Court in Paras Jain v. State of U.P. and 5 Ors. 2016 (1) ADJ 1 (FB), of five Hon'ble Judges.