RAMESH CHANDRA SAMANTRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is the Chairperson of the Paradeep Municipality (erstwhile Paradeep Notified Area Council) and in this writ petition he has challenged the various steps taken by the State Government for dissolution of the Paradeep Municipality.

(2.) THE facts briefly are that the Paradeep Notified Area Council (in short Paradeep N.A.C.) was constituted in the year 1979 under the provisions of the Orissa Municipal Act, 1950 (for short, 'the Act). The present Council of Paradeep N.A.C. was elected in April, 2000 and the petitioner was elected by the Councillors of Paradeep N.A.C. as its Chairman and he assumed the office as such Chairman on 22.4.2000. The normal term of 5 years of the Councillors and the Chairman would expire only on 22.4.2005. But on the basis of reports of the Special Audit conducted during 15.1.2001 to 20.2.2001 and an enquiry conducted by the Under Secretary to Government in the Housing and Urban Development Department, the Director, Municipal Administration and Ex -officio Additional Secretary to Government, Housing and Urban Development Department, issued a show cause notice dated 26.12.2001 to the petitioner and other Councillors of Paradeep N.A.C. asking them to show cause as to why the Government should not dissolve the Council of the Paradeep N.A.C. on the grounds mentioned in the said show -cause notice. Initially the petitioner and the other Councillors of Paradeep N.A.C. requested for some documents to be furnished for the purpose of preparing their reply to the show -cause notice and took time for furnishing the said reply. After the documents were furnished, the petitioner submitted his reply. Thereafter, the Director of Municipal Administration and Ex -officio Additional Secretary to Government, Housing and Urban Development Department heard the petitioner and the Councillors of Paradeep N.A.C. on 29.6.2002 and in his order dated 27.8.2002 recorded findings that most of the charges framed against the petitioner as Chairperson and the Notified Area Council were proved and recommended to the Government to consider to take action against the Chairperson and the Council as per the provisions of the Act. The said findings of the Director, Municipal Administration and Ex -officio Additional Secretary to Government, Housing and Urban Development Department were accepted by the Government and by notification dated 27.8.2002 of the Government of Orissa, Housing and Urban Development Department, the State Government in exercise of its powers under Sub -section (1) of Section 401 of the Act dissolved the Paradeep N.A.C. with immediate effect.

(3.) THEREAFTER , on 29.10.2003, the Government of Orissa, Housing and Urban Development Department issued a notification in exercise of powers under Section 408 of the Act authorizing the Director, Municipal Administration and Ex -officio Additional Secretary to Government, Housing and Urban Development Department to exercise the powers vested in the State Government under Section 401 of the Act and to conduct hearing of the Council of Paradeep Municipality on the charges levelled against the said Municipal Council vide Housing and Urban Development Department show -cause notice dated 26.12.2001 in accordance with the provisions of the Constitution of India. On the authority of the said delegation in the notification dated 29.10.2003, the Director, Municipal Administration and Ex -officio Additional Secretary to Government Housing and Urban Development Department issued a notice dated 30.10.2003 to the petitioner and the Councillors of paradeep Municipality stating therein that he will hold personal hearing on the show -cause dated 26.12.2001 on 10.11.2003 and give an opportunity to the petitioner and the Councillors of the Paradeep Municipality to attend the said hearing and put forth their defence, if any.