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2021 Supreme(All) 189

PANKAJ NAQVI, PIYUSH AGRAWAL
Jagdish Prasad Gupta – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Nitin Chandra Mishra, Anoop Trivedi (Senior Adv.)
For the Respondent: C.S.C.,Islam Ahmad,Vinod Kumar Sahu

JUDGMENT

1. Heard Shri Anoop Trivedi, learned Senior Advocate, assisted by Shri Nitin Chandra Mishra, for the petitioner, learned Standing Counsel for the State -respondents and Shri Vinod Kumar Sahu for respondent no. 4.

2. The petitioner was elected as Chairman, Nagar Palika Parishad, Banda (for short, 'the Parishad') on 01.12.2017. A complaint was made against the petitioner and Executive Officer of the Parishad, alleging irregularities and defalcation of accounts before the District Magistrate, Banda/respondent no. 3, who forwarded the same to the Commissioner of the Division/respondent no. 2. The Commissioner on 12.06.2019 constituted a three-member Committee to inquire into the allegations. The Committee comprised of Assistant Accounts Officer, Sub-Divisional Officer, Sadar and Joint Development Commissioner. The Committee submitted its report dated 06.08.2019 (first report) to the Commissioner. It appears that in the meanwhile, another complaint was preferred against the petitioner before the Commissioner, who took cognizance of the same and referred the same to a single member committee, comprising of Joint Development Commissioner, who was the Chairman of the earlier Commit

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