JUDGMENT :

VINEET SARAN, J.

The petitioner was elected as a Councillor of Bhubaneswar Municipal Corporation in the year 1997. On a direction issued in some writ petition filed in the year 2000, the accounts of the Bhubaneswar Municipal Corporation were put to internal audit, and as per the interim audit report, it was alleged that the petitioner has mis-utilized/ill-spent/incurred unauthorized expenditure to the tune of Rs.36,000/- in connection with house rent towards the so-called ward office, and Rs.27,000/- towards hire charge of vehicle for self, which was in contravention of the provisions of the Orissa Municipal Act, 1950 and the Rules framed there under. In the final audit report, it was also found that an amount of Rs.3,000/- of the Corporation fund had been mis-utilized by the petitioner for observance of the Local Self Government Day.

2. Pursuant to the audit report, the Executive Officer, Bhubaneswar Municipal Corporation issued a notice dated 25.01.2002, requiring the petitioner to deposit the aforesaid amount of Rs.36,000/- plus Rs.27,000/-, which had become payable on the basis of the report of the Special Audit Team. Immediately on receiving the said notice for payment