RAKESH RAI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by the order dated 19-8-2008 passed under the provision of Section 41 of M.P. Municipal Council Act, 1961 (hereinafter referred to as the "Act"). Removing the petitioner form the post of President of Municipal Council, Sehore. The petitioner has also assailed the order dated 22-8-2008 by which charge of the post of President of Municipal Council had been given to respondent No. 4.

(2.) The brief facts leading to the filing of the present petition are that the petitioner was duly elected as president of Municipal council, Sehore and was performing his duties as president, At the relevant time, certain complaints were filed against the petitioner by some individuals on account of which an enquiry was conducted by the authorities of the State and on the basis of the enquiry report in that respect dated 12-2-2007 a charge sheet/ notice was issued to the petitioner under the provisions of Section 41A of the Act on 12-6-2007 levelling five charges against him.

(3.) Briefly stated, the first charge against the petitioner was to the effect that the petitioner had appointed on Shri Harish Chandra Joshi as incharge Chief Municipal officer on the transfer of the regular Chief Municipal officer, Shri D.S. Parihar without any authority or power. The second charge was that he had made certain payments along with him on 18-9-2006 and 19-9-2006 without any authority of law by issuing tender notice for purchase of 30 HP motor pump without giving seven days' notice as required by the provisions of law. The third charge was that the petitioner had issued severaltenders for drinking water transport and supply on various dates without giving seven days' notice as required by the provisions of law. The fourth charge was regarding making purchase worth several lacs of rupees from the M.P. Laghu Udyog Nigam By-passing the procedure prescribed by law or obtaining approval thereof from the President-in-council; and the fifth charge was regarding issuing tendrer notice worth several lacs of rupees without obtaining administrative sanction from the Directorate as required by the provisions of the Account Rules.