GIRISH CHANDRA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the show cause notice dated 13.3.2007 that has been issued by the State Government in exercise of the powers under Section 48 (2) of the U. P. Municipalities Act, 1916 (hereinafter called Act) and the order depriving the petitioner from exercising his financial and administrative powers issued under the proviso to Section 48 (2) of the Act.

(2.) THE petitioner was elected as a Chairman of the Nagar Palika Parishad, Azamgarh (hereinafter called the Nagar Palika). An advocate namely Shri Pramod Kumar Yadav filed a complaint before the Lok Ayaukt alleging certain illegalities and irregularities committed by the petitioner as a Chairman of the Nagar Palika. THE Lok Ayukt vide letter dated 29.5.2003 made a recommendation for holding an enquiry against the petitioner. However, prior to that the State Government had directed for holding of an enquiry against him and after holding a preliminary inquiry a report was submitted to the State Government by the District Collector, Azamgarh on 25.9.2002. A show cause notice dated 21.5.2003 was issued by the State Government under Section 48 (2) of the Act. THE petitioner filed Writ Petition No. 2956 of 2003 to challenge the said notice. THE said writ petition was disposed of by the judgment and order dated 6.6.2003 with the observation that a copy of the report be supplied to the petitioner and he will file the reply of the same and till then no action should be taken on the basis of the said notice. Subsequent thereto, the State Government issued another show cause notice dated 11.5.2004 containing seven charges. THE petitioner submitted a reply to the said charges on 31.5.2004. An inquiry was then conducted by the District Magistrate, Azamgarh and the report was submitted. THE petitioner was also given a copy thereof and he filed his reply on 21.9.2005. THE State Government passed the order dated 26.9.2005 depriving the petitioner from exercising the financial and administrative powers and the District Collector, Azamgarh passed the consequential order dated 29.9.2005 withdrawing the administrative and financial powers of the petitioner. THE said orders dated 26.9.2005 and 29.9.2005, were again challenged by the petitioner in Writ Petition No. 62368 of 2005, but no interim relief was granted, nor the respondents filed a counter-affidavit. THE said petition is still pending. THE term of the petitioner came to an end on 3.12.2005 but he was again elected as Chairman on 7.11.2006. THE petitioner was then served with a fresh show cause notice dated 13.3.2007 and an order depriving him from exercising his financial and administrative powers. This writ petition has been filed to challenge the said notice.

(3.) WE have considered the rival submissions made by the learned counsel for the parties and have perused the record.