IMPORTANT POINT
Abuse of power requires a willful or intentional wrongdoing; mere misuse does not justify removal from office under Section 22 of the Punjab Municipal Act.

JUDGMENT :

Sudhir Singh, J.

By way of the present writ petition, the petitioner has sought issuance of a writ in the nature of Certiorari quashing the impugned order dated 15.12.2023 (Annexure P-17) passed by respondent No.1, vide which, the petitioner has been removed from the post of President, Municipal Council, Jagraon, District Ludhiana, for the alleged violation of Section 22 of the Punjab Municipal Act, 1911 (for short ‘the Act’).

2. Brief facts of the case are that the elections of the Municipal Council, Jagraon, were held on 14.02.2021, in which 23 Councillors were elected. The petitioner was elected as President of the said Municipal Council in the meeting held on 29.04.2021. The petitioner avers that he has been performing his functions to the best of his abilities for the welfare of the inhabitants of the Municipal Council with the co-operation of the majority of the Councillors. On 31.05.2022, resolution No. 65 was passed unanimously by the House regarding 73 Development Works in the area of the Municipal Council, Jagraon. The same was approved by respondent No.2-Director, Department of Local Government, Punjab, vide letter dated 10.08.2023. However, subsequently, respondent No.2 had addressed a letter dated 23.08.2023 staying execution of the said development works till further orders. The petitioner had filed CWP-30263-2022 before this Court, which is still pending adjudication. It is the case of the petitioner that the State of Punjab had formulated a policy regarding employment of Safai Sewaks (Sweepers) and Sewermen by respondent No.4 on contract basis after their selection by the Selection Committee as per DC rates fixed by the Labour Department and that the permission in this regard, was given vide letter dated 22.06.2023.

3. On 11.09.2023, the appointment letters to the said selected Safai Sewaks (Sweepers) and Sewermen were to be issued in the programme to be presided by respondent No.5 i.e. local MLA. The aforesaid prospective contractual employees had assembled before the office of Municipal Council around 5.00 P.M. However, when it was intimated that respondent No.5 would not come to the function due to her ill health, the appointment letters were given to the selected Safai Sewaks (Sweepers) and Sewermen by the Executive Officer of the Council and the petitioner, in the presence of other Councillors and the media. The petitioner, however, was shocked to receive a show cause notice dated 11.10.2023 (Annexure P-9) intimating that there was a proposal to remove him from the post of President, Municipal Council, Jagraon under Section 22 of the Act. Along with the said communication, detail of charges was also served upon the petitioner and the petitioner was required to submit his reply within a period of 21 days from the date of issue of such notice. The lead charge against the petitioner was that he had got appointment letters issued forcefully by detaining the staff of the council beyond 5:00 p.m. Thereafter, on the request of the petitioner, he was supplied with copy of the report dated 12.09.2023 sent by the Executive Officer of the Council to respondent No.2 in compliance with his letter dated 12.09.2023. However, the petitioner was not supplied the copies of the daily newspapers ‘Punjab Kesari’ and ‘Daily Jagbani’ dated 12.09.2023. The petitioner obtained copies of the said newspapers later on. It is the case of the petitioner that Amarjit Singh Malwa, Senior Vice President of the Council, was also a correspondent of the Hind Samachar Group of Newspapers and was under the influence of respondent No.5. As the newspaper reports of 12.09.2023 were published in the said newspapers, which were being published by the Hind Samachar Group of Newspapers, the petitioner alleges that the same was done under the influence of the aforesaid Senior Vice President and respondent No.5.

4. It is further the case of the petitioner that he had submitted reply dated 31.10.2023 to the aforesaid show cause notice stating ther