RAJESH PRASAD GUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner is aggrieved by his removal as the Chairman of Lakhipur Town Committee, Goalpara as per the provisions of Section 28 of the Assam Municipal Act, 1956. Such removal vide Annexure -22 notification dated 03/1/2013 of the Government of Assam in the Urban Development (T) Department under the signature of the Additional Chief Secretary was preceded by the Annexure -20 show cause notice dated 06/09/2013. For a ready reference, the show cause notice and the order of removal, both impugned in the writ petition are reproduced below : -

(2.) ACCORDING to the petitioner, the aforesaid action on the part of the respondents is arbitrary, illegal, irrational and un -constitutional. The petitioner has alleged violation of Principles of Natural justice as the copy of the enquiry report on the basis of which the impugned action has been taken was not furnished to him. It is the further case of the petitioner that the allegations made against him in the show cause notice are all ill -founded and not based on records.

(3.) IN paragraph 4 of the writ petition, the petitioner has stated about the Central Govt. projects, namely, Construction of 4 Nos. road including box culverts and pukka drainage in Lakhipur town for which financial assistance is to be given by the Central Government under Non Lapsable Central Pool of Resources (hereinafter for short NLCPR) and the same is required to be implemented by the State Government. The cost involved in the said project is Rs. 1424.77 lakhs. After observing the due formalities towards implementation of the project, as claimed in the writ petition, the Executive Committee of the Town Committee in its meeting held on 11/04/2013 authorized the petitioner in his capacity as the Chairman to float tenders and also to do other consequential administrative acts as per departmental rules and regulations.