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2007 Supreme(All) 1039

B.S.CHAUHAN, RAJES KUMAR
GIRISH CHANDRA SRIVASTAVA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates appeared:
Shashi Nandan for the Petitioner; P.S. Baghel and C.S. Singh, S.C. for the Respondents.

JUDGMENT

Hon’ble Dr. B.S. Chauhan, J.—This writ petition has been filed for quashing the show cause notice dated 13.3.2007 that has been issued by the State Government in exercise of the powers under Section 48(2) of the U.P. Municipalities Act, 1916 (hereinafter called Act) and the order depriving the petitioner from exercising his financial and administrative powers issued under the proviso to Section 48 (2) of the Act.

2. The petitioner was elected as a Chairman of the Nagar Palika Parishad, Azamgarh (hereinafter called the Nagar Palika). An advocate namely Shri Pramod Kumar Yadav filed a complaint before the Lok Ayukt alleging certain illegalities and irregularities committed by the petitioner as a Chairman of the Nagar Palika. The Lok Ayukt vide letter dated 29.5.2003 made a recommendation for holding an enquiry against the petitioner. However, prior to that the State Government had directed for holding of an enquiry against him and after holding a preliminary inquiry a report was submitted to the State Government by the District Collector, Azamgarh on 25.9.2002. A show cause notice dated 21.5.2003 was issued by the State Government under Section 48 (2) of the Act. The petitione












































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