Gangele, J. 1. The appellant has filed this appeal against the order dated 24/01/2005 passed by learned Single Judge in W.P.No.8421/2011.

2. The appellant is an elected President of Municipal Council, Morena. The Collector constituted a Committee of Shri A.B. Singh, Joint Collector, Morena Shri Yogendra Singh Bhadoriya, District Treasury Officer, Morena and Y.P. Batham, Deputy Director, Social Justice, Morena Centre vide order dated Annexure P/1 in regard to financial irregularity committed by the Municipal Council Morena to the effect that the amount which had been given to the Municipal Council under the head of Social Security Pension was deposited in other heads and paid to different persons. Another order Annexure P/2 was also passed by the Collector in regard to financial irregularity to the effect that some vouchers and cheques books were seized. In the aforesaid documents, the signatures of Chief Municipal Officer were not found. The appellant challenged the aforesaid orders before the writ Court on the ground that the Collector had no power and authority to order enquiry in regard to affairs of the Municipal Council, Morena. Learned Single Judge dismissed the writ petition on the ground that the allegations against the appellant are of financial irregularities upto the extent of Rs.86.00 lacks, hence, no interference is called for.

3. Learned senior counsel appearing on behalf of the appellant has contended that under the provisions of Madhya Pradesh Municipalities Act, 1961, the Collector has no power and authority to order enquiry about the working of a municipality. It has further been submitted that the orders passed by the Collector are without power and authority. In support of his contentions, he relied on a judgment of this Court in the case of S.S. Tiwari vs. State of M.P. reported in 1998 (2) MPLJ SN 25.

4. Contrary to this, learned Deputy Advocate General has contended that there are serious charges of financial irregularities against the appellant and the Chief Municipal Officer. The Committee found the charges prima facie proved thereafter, the State Government issued a notice to the appellant as to why he be not removed from the post of President. He has further submitted that the Collector has simply enquired the matter and forwarded the same to the State Authority for proper order and for the aforesaid purpose, the Collector has power and authority, hence, the appeal has no merit, it is to be dismissed. In support of his contentions, he relied on the following judgments:

(i) Mohammad Swalleh and others vs. IIIrd Additional District Judge, Meerut and another; AIR 1988 SC 94 and

(ii) Maharaja Chintamani Saran Nath Shahdeo vs. State of Bihar and others; (1999) 8 SCC 16.

5. The State Government has framed a Social Security Scheme and under the aforesaid Scheme, the Social Welfare Department pay monthly pension to the old aged persons or disabled persons under ; Indira Gandhi National Old Age Pension Yozna, Indira Gandhi National Widow Pension Yozna, Indira Gandhi National Disabled Pension Yozna. The aforesaid pension is paid, either through the Janpad Panchayat in the rural area or through the Municipal Council in the urban area. The allegation against the appellant is that Municipal Council, Morena received fund for payment of pension, however, it had made payment to the contractors and other persons. To inquire the aforesaid lapse, the Collector had constituted a three members Committee and the Committee found the charges prima facie proved.

6. The appellants himself in the petition filed before the writ Court pleaded that Nagar Panchayat has two bank accounts; (1) Account No.5321210364 and (2) Account No. 63050738664 in State Bank of India. The Account No.1 relates to pension under Samajik Suraksha Vradhaawastha Pension Yozna and the Second Account is in regard to payment by the Municipal Council for disbursement of salary to the staff and other amount. The State Government issued directions in regard