Compliance to court orders and initiation of disciplinary proceedings under relevant provisions of U.P Municipalities Act, 1916 and Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003.

JUDGMENT :

(Rakesh Thapliyal, J.)

1. By the previous order dated 17.10.2023 passed in WPMB No.261 of 2023, the Executive Officer of Nagar Palika Parishad, Nainital was directed to be suspended forthwith. Apart from it, by this order a further direction was issued that the financial and administrative powers of the Chairman of Nagar Palika Parishad, Nainital be suspended forthwith. By this order, it was directed that the matter be placed before the Chief Secretary, Government of Uttarakhand for a thorough investigation into the whole sordid affair. A further direction was issued that all the files relating to the three tenders in question, shall be placed by the Nagar Palika Parishad before the Chief Secretary and the Chief Secretary was also directed to act with utmost despatch to have the matter inquired into, and depending on the outcome of the inquiry, a report shall be submitted to this Court before the next date.

2. Subsequently, review applications have been moved on behalf of respondent no.2 for reviewing the order dated 17.10.2023.

3. Thereafter by the order dated 24.11.2023 the State counsel was directed to submit the inquiry report and the action taken thereon and it was also made clear that no further time shall be granted to the State.

4. Now in compliance to the order dated 17.10.2023 and 24.11.2023 a compliance affidavit has been filed by the Chief Secretary wherein the following assertion has been made which are being reproduced as under:-

3. That the aforesaid 03 members committee conducted an inquiry in the matter, as directed by the State Government and submitted its report along with letter dated 14.11.2023. The said report was duly pursued at the State Level and it was realized that in the said report the opinion of the said committee has not been expressed on certain issues. Therefore, vide letter dated 21.11.2023, the Additional Director, Urban Development Directorate, was required to re- inquire the matter w.r.t the issues which did not contain clear and explicit opinion of the Committee and file final report. The said issues were categorically detailed in the letter dated 21.11.2023. Copy of the letter dated 14.11.2023 sent by the Committee and copy of letter dated 21.11.2023 are being marked and filed as Exhibit No.4 and 5 respectively to this report.

4. That in compliance of the aforesaid directions issued by the Urban Development Department, the Committee re-inquired the matter on the issues detailed in the letter dated 21.11.2023, and submitted its final report along with letter dated 25.11.2023. Copy of the letter dated 25.11.2023 sent by the Committee is being marked and file as Exhibit No.6 to this report.

6. That amongst the said delinquent officers/persons, Shri Sachin Negi, Chairman, Nagar Palika Parishad, Nainital, Shri Ashok Verma, Former, Executive Officer, Nagar Palika Parishad, Nainital, Shri Alok Uniyal the then Executive Officer (suspended), Nagar Palika Parishad, Nainital and Shri Digar Singh Mehra, Junior Engineer, Nagar Palika Parishad, Nainital are employees of Urban Development Department, therefore disciplinary proceedings shall be initiated against the aforesaid officers/persons under the relevant provisions of U.P Municipalities Act, 1916 as amended from time to time and Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003 by the Urban Development Department. Therefore, instructions have been issued by the Chief Secretary, vide letter bearing no.941 dated 28.11.2023 to initiate necessary proceedings against the said delinquent officers/persons. Copy of the letter bearing no.941 dated 28.11.2023 is being marked and filed as Exhibit No.7 to this report.

7. That since Shri Manoj Shah and Shri Suresh Chandra Joshi, Deputy Treasury Officer, Nainital who were representatives of the then Treasury Officers, Nainital and Senior Treasury Officer, Nainital respectively in the tender committee are employees of Finance Department, therefore, instructions have been issued by the