ROHINI KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) -Petitioner before this Court is the elected Chairman of Nagar Palika Parishad, Ghazipur. He is aggrieved by an order of the State Government dated 10.11.2008 as communicated under the orders of the District Magistrate, Ghazipur dated 12.11.2008 whereunder in exercise of powers under Section 48 (2), proviso of the U. P. Municipalities Act, 1916, an order has been passed suspending the financial and administrative powers of the Chairman. The only reason assigned in the impugned order is that the petitioner in his capacity as Chairman had not sanctioned the salary bill of the Class IV employees appointed by the Executive Officer in the Nagar Palika Parishad, Ghazipur for the purposes of filling up the back log vacancy and further an order was passed by him stopping the salary of such employees. The petitioner has also been asked to show cause as to why he may not be removed from the office of the Nagar Palika Parishad, Ghazipur.

(2.) THE order passed by the State Government is being questioned on the ground that the selections held by the Executive Officer were not in accordance with the Rules. THEre are serious infirmities/irregularities committed in such selections which were brought to the knowledge of the State Government by the petitioner vide his letter dated 27.11.2007. Reference has also been made to the report submitted by the Chief Revenue Officer dated 22.10.2007, in that regard.

(3.) WE have heard learned counsel for the parties and have gone through the records of the present writ petition.