IRFAN TYAGI Vs. NAGAR PALIKA PARISHAD SIKANDRABAD BULANDSHAHR

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order dated 31st December, 1997, that has been passed by the President of the Nagar Palika Parishad, Sikandrabad, district Bulandshahr (hereinafter referred to as the 'Nagar Palika Parishad') reverting Sri Neeraj Sharma from the post of cashier-cum-record keeper to the post of clerk. The petitioner has also sought the quashing of the order dated 6th January, 1998, that has been passed by the Executive Officer of the Nagar Palika Parishad, Bulandshahr by which the services of the petitioner have been terminated.

(2.) THE records of the writ petition indicate that a vacancy on the post of cashier-cum-record keeper had occurred in the Nagar Palika Parishad, Sikandrabad district Bulandshahr on account of termination of services of Sri Neeraj Sharma by the order dated 23rd April, 1990. THE resultant vacancy on the post of cashier-cum-record keeper was filled up by promotion on temporary basis by Sri Brij Kishore Sharma who had been functioning as a clerk in the Nagar Palika Parishad. THE petitioner claims to have been appointed as a clerk on temporary basis by the order dated 31st May, 1990, against the resultant vacancy that arose because of the promotion of Sri Brij Kishore Sharma. THE petitioner also claims that he was subsequently confirmed on the said post. In the meantime Sri Neeraj Sharma challenged the order dated 23rd April, 1990, by filing an appeal before the Commissioner, Meerut Region, Meerut, who by means of the order dated 14/17th June, 1993, allowed the appeal and remanded the matter back for holding fresh disciplinary proceedings but it was also ordered that during this period Sri Neeraj Sharma shall remain under suspension. This order was challenged by the Municipal Board by filing Writ Petition No. 32805 of 1993, in this Court in which initially an interim order was granted on 16th September, 1993, staying the operation of the order passed by the Commissioner but subsequently the petition was dismissed as not pressed on 17th November, 1997. THEreafter a fresh inquiry was conducted against Sri Neeraj Sharma and an order was passed on 31st December, 1997, by the President of the Nagar Palika Parishad reverting Sri Neeraj Sharma from the post of Cashier-cum-Record Keeper to the post of clerk. This was followed by another order dated 6th January, 1998, mentioning therein that as Sri Neeraj Sharma has been reverted to the post of clerk by the order dated 31st December, 1997, the services of the petitioner stand terminated. THE petitioner has not only sought the quashing the order dated 6th January, 1998, by which his services have been terminated but he has also sought the quashing of the order dated 31st December, 1997, that has been passed against Sri Neeraj Sharma reverting him from the post of cashier-cum-record keeper to the post of clerk.

(3.) SRI Vinod Sinha learned counsel for the petitioner submitted that even though the order dated 14/17th June, 1993, passed by the Commissioner, Meerut Region, Meerut, allowing the appeal filed by SRI Neeraj Sharma against his termination order was challenged by the Municipal Board by filing a writ petition in this Court and even though an interim order was passed but the petition was subsequently dismissed as not pressed by the petitioner Parishad under the influence of SRI Maha Singh Saini who had been subsequently elected as the President of the Nagar Palika Parishad. He, therefore, submitted that this was a mala fide exercise of power by the President of the Municipal Board. Learned counsel for the petitioner also submitted that the subsequent order passed by the Nagar Palika Parishad on 31st December, 1997, reverting SRI Neeraj Sharma, from the post of cashier-cum-record keeper to the post of clerk is arbitrary and is liable to be set aside as the inquiry was not conducted in accordance with law.