VIKAS DEEP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this writ petition is for setting aside notification dtd. 17/2/2023, Annexure P-14, whereby petitioner has been removed from the post of President, M.C Jalalabad (W), Punjab (for short 'M.C. Jalalabad) in terms of Sec. 22 of the Punjab Municipal Act, 1911 (for short 'the 1911 Act').

(2.) Brief facts as pleaded in the writ petition are that petitioner was elected as Municipal Councillor, from Ward No. 2 of the M.C Jalalabad, in February 2021 and thereafter he was unanimously elected to the post of Municipal Councilor, Jalalabad on 26/4/2021. It is submitted that petitioner was carrying on with good work for the city of Jalalabad and development works were being carried out by the petitioner in a dedicated fashion. Respondent no.3, it is stated was elected as Member of Legislative Assembly (MLA) in the month of March 2022. Respondent no.3, it is stated belongs to the present ruling party and immediately on being elected as MLA, respondent no. 3 started pressurizing the petitioner to work as per his wishes. This was so as petitioner statedly supported the rival candidate belonging to his own party, thus offering stiff opposition to respondent no.3. When the petitioner refused to act according to respondent no.3, he allegedly started making efforts to dislodge the petitioner from the post of President. A frivolous complaint dtd. 27/6/2022, it is submitted, was lodged by respondent no.3 alleging bungling in the development works by Nagar Council, Jalalabad and Nagar Panchayat, before the Hon'ble Chief Minister, Punjab. Vigilance enquiry was marked on the basis of the said complaint. It is pleaded that petitioner was never associated with this enquiry by the Vigilance and after this one sided exercise, Chief Vigilance Officer, submitted a report on the basis of which show cause notice dtd. 17/10/2022, Annexure P-2, was issued to the petitioner. Copy of Vigilance Report, it is submitted was not supplied to the petitioner.

(3.) Details of the Charges against the petitioner was provided along with show cause notice stating that the petitioner is liable to be punished under Sec. 22 and 50 of the 1911 Act. Three charges were leveled against the petitioner. First charge against the petitioner is that petitioner by misusing his position as President of M.C Jalalabad, had a road carved out in his private property from Ferozepur Fazilka road to Araian Wala Road. The entire land is stated to belong to the petitioner and his family members i.e., brother Parmod Chaudhary with a residential house, a school, multiplex etc., present on the property, all of which is private property of the petitioner/his family. It is alleged that while getting sanction of the site plan of Harkrishan Public School by the petitioner and Parmod Chaudhary, 40 feet road was proposed through khasra nos. 39/11, 39/15, 39/14, 39/13, 39/23 (private land of petitioner), from Araian Wala road for providing access to the school. It is stated that as per jamabandi for the year 2013-14, petitioner and Parmod Chaudhary are owners thereof and not the M.C Jalalabad and neither is construction of this road the responsibility of M.C. Jalalabad. It is stated that as per copy of the site plan provided by one complainant, namely Pawan, present at the spot, no revenue passage is reflected through these khasra numbers.