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2022 Supreme(All) 1256

MANOJ KUMAR GUPTA, JAYANT BANERJI
Shaila Tahir – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Udayan Nandan, Sr. Advocate
For the Respondent: Ashwani Kumar Sachan, Saurabh Sachan, Vashishtha Dhar Shukla

JUDGMENT :

1. The petitioner has challenged her removal from the post of President, Nagar Palika Parishad, Nawabganj, Bareilly by the order of respondent no. 1, i.e. Principal Secretary, Nagar Vikas, U.P. Lucknow dated 10.5.2022 and the report of District Magistrate, Bareilly dated 6.1.2022. She has also prayed for a writ of mandamus commanding the respondents to permit her to discharge her duties as President of the Nagar Palika Parishad, Nawabganj, Bareilly.

2. The petitioner was elected as President of Nagar Palika Parishad, Nawabganj, Bareilly on 1.12.2017. A show cause notice dated 17.7.2019 was issued to her by respondent no. 1, seeking her explanation in relation to alleged wrongful withdrawal of a sum of Rs. 47,31,035/-, out of Rs. 52,40,554/-, from the funds provided by the State Finance Commission Grants. It was alleged that at the relevant time, no Executive Officer was working in the Nagar Palika and therefore, the withdrawal of the amount, amounts to a financial irregularity. It was also alleged that as a result, the safai karmees could not get their salary during Holi festival. The petitioner was called upon to reply to the said notice within seven days, along with the

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