Nov - High Court of Judicature at Allahabad

1072 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
order by which the petitioner's financial
and administrative powers under the
proviso to Section 48 (2) of the U.P.
Nagar Palika Adhiniyam, 1916 were
ceased, and were directed to be exercised
by the District Magistrate, or an officer
nominated by the District Magistrate, who
shall not be Sub Divisional Magistrate to
exercise such powers until the petitioner
is exonerated of the charge. The District
Magistrate by his communication letter
dated 8.2.2008 directed the Sub
Divisional Officer, Mawana to exercise
the financial and administrative powers,
until the conclusion of the proceedings.
3. The show cause notice contained
four charges namely; (1) that the
petitioner had stated in his affidavit filed
along with nomination paper on
5.10.2006 that there was no case pending
against him in any Court. He did not
disclose the cases, which are pending
against him and thus concealed the facts;
(2) the log book dated 2.8.2007 of the
consumption of diesel was only with
regard to tractor. The tractor driver stated
that the diesel is filled directly at the
petrol pump and is not consumed
separately. No log book was maintained
for the period prior to the period 2.8.2007,
causing doubt over the consumption of
diesel; (3) the contract for parking place
for the year 2007-08 of Nagar Panchayat
Kithore, was settled by the petitioner in
favour of his brother Shri Maroof Ahmad.
Three persons namely Shri Maroof
Ahmad, Dilshad and Sher Mohammed
participated in the auction held on
30.5.2007, whereas the amended bylaws
were published in the gazette on
14.7.2007. The petitioner violated the
conditions of Section 18 (b) (ii), which
prohibits the Chairman of the Nagar
Palika to give benefits to his family
members either directly or indirectly; and
(4) the plot No.908, 903, 935 are
registered as a pond and is not in the
possession of the Chairman of the Nagar
Panchayat, but plot No.702, which is
entered as 'khata kuria' (manure pits) has
been used to construct a house for which a
suit is pending in the civil court and that
Court directed the parties to maintain
status quo. In preliminary enquiry the
charge was found fully proved against the
Chairman.
4. The petitioner in his reply dated
20.2.2009 after referring to the documents
in his support denied the allegations and
submitted that no enquiry was made from
him nor any facts were placed before him.
He has not misused the property and
money of Nagar Panchayat in any
manner. With regard to allegations in
charge No.1 relating to concealment of
the cases at the time of filing nomination
does not come within the purview of
Section 48 of the Nagar Palika
Adhiniyam, 1916. He has not been
convicted in any offence, and that in all
the cases in which the decisions were
made, the petitioner was either discharged
or acquitted. Regarding Charge No.2 the
petitioner stated that the consumption of
diesel relates to the tractor of Nagar
Panchayat. The log book of the period
prior to 2.8.2007 is available in the office
of Nagar Panchayat in which entreis have
been made by the tractor driver. The
petitioner has not used the diesel in any
other vehicle or for any other purpose.
The driver had stated that he directly fills
the diesel in the tractor. The petitioner is
not responsible for maintenance of the log
book of the tractor. On charge No.3 the
petitioner alleged that Shri Maroof
Ahmad is a contractor of collecting
parking fees from 1.4.2006, much before