The court emphasized the need for fair and just exercise of power by the State Government, the importance of considering the President's explanation, and the requirement to follow principles of natural justice.

JUDGMENT :

Vikram D. Chauhan, J.

1. The present writ petition is preferred by the petitioner challenging the show cause notice dated 11th November, 2021 issued by the Additional Chief Secretary, Nagar Vikas, U.P. at Lucknow, whereby the petitioner has been show caused as to why he may not be removed from the office of the President, Nagar Panchayat, Khamariya, District Bhadohi and further by the impugned order dated 11th November, 2021 the financial and administrative powers of the petitioner has been ceased.

2. The brief facts of the case is that the petitioner is the President, Nagar Panchayat, Khamariya, District Bhadohi. In respect of the alleged irregularities in purchase of dustbins in Nagar Panchayat, Khamariya, District Bhadohi, an enquiry was conducted by the Sub Divisional Magistrate, Aurai, District Bhadohi and a report was submitted on 24th June, 2019. The aforesaid enquiry was conducted on the basis of the complaint made by one Sri Mainuddin Ansari, Sabhasad, Ward No. 12, Akbarpur and other Sabhasad, Nagar Panchayat, Khameriya, District Bhadohi. The Sub Divisional Magistrate by report dated 24th June, 2019 did not find any irregularity in the purchase of the dustbins and as such, the complaint against the petitioner was shelved. The aforesaid report dated 24th June, 2019 was forwarded by the Additional District Magistrate to the Commissioner, Vindhyanchal Mandal, Mirzapur by his communication dated 15th July, 2019. Thereafter, another enquiry was ordered by the Additional Commissioner, Mirzapur on two issues, one relating to the allegations with regard to purchase of dustbins without following the relevant provisions of law and second that the dustbins were purchased from a firm owned by the daughter in law of the brother of the President-petitioner. The aforesaid enquiry was conducted by the Sub Divisional Magistrate, Gyanpur and the enquiry report was submitted on 19th October, 2019. On the basis of the aforesaid, the notice was issued by the respondents to the petitioner on 3rd September, 2020 calling upon the petitioner to give explanation with respect to the allegations pursuant to the abovementioned enquiry report. In pursuance thereof, the petitioner has submitted his written explanation before the respondent authorities on 13th October, 2020. The District Magistrate on 21st November, 2020 has submitted his reply to the explanation submitted by the petitioner on 13th October, 2020 and thereafter the personal hearing was also accorded to the petitioner on 17th March, 2021 wherein also the petitioner submitted his explanation dated 16th March, 2021 before the Additional Chief Secretary, Nagar Vikas-respondent no. 2.

3. It further transpires that after the hearing and the presentation of the submission by the petitioner on 17.03.2021, the explanation/written submissions of the petitioner were sent to the District Magistrate concerned on 13th April, 2021 and thereafter the District Magistrate has submitted report dated 7th June, 2021 of Committee. The aforesaid report dated 7th June, 2021 was against the petitioner and on the aforesaid basis, the impugned show cause notice dated 11th November, 2021 has been issued by the Additional Chief Secretary, Nagar Vikas-respondent no. 2 and further the financial and administrative powers of the petitioner has been ceased.

4. Heard Sri Shashi Nandan, learned Senior Counsel assisted by Sri Udayan Nandan, Advocate, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Veer Singh, learned counsel for the complainant-respondent no. 6.

5. It is submitted by learned counsel for the petitioner that the petitioner is the President of the Nagar Panchayat, Khamariya, District Bhadohi and he has been issued show cause notice in terms of Section 48 (2) of the U.P. Municipalities Act, 1916 and also by the impugned notice dated 11th November, 2021 his administrative and financial powers have been ceased by respondent authority. It is also submitted on