Dilip Gupta, J. - (1.) THIS petition seeks the quashing of the order dated 4th July, 2011 passed by the District Magistrate, Rampur by which on transfer of the Executive Officer of Nagar Palika Parishad Swar, District Rampur and Executive Officer of Nagar Palika Parishad Tanda district Rampur has been given the additional charge of Executive Officer of Nagar Palika Parishad Swar, District Rampur in addition to his own charge till an Executive Officer is appointed for Nagar Palika Parishad Swar by the State Government.
(2.) IT is stated that Nagar Palika Parishad Swar, district Rampur resolved to appoint the petitioner no. 2 -Shafeeque Ahad to discharge the duties of Executive Officer in officiating capacity under Sections 59(1) and Section 59(2) of the U.P. Municipalities Act, 1916 (hereinafter referred to as the 'Act') and he started discharging duties thereafter but the District Magistrate passed the order on 4th July, 2011 for giving the additional charge of this Nagar Palika Parishad to the Executive Officer of Nagar Palika Parishad Tanda. It is submitted by Sri. Ashok Khare, learned Senior Counsel for the petitioners assisted by Sri. Rajesh Kumar Mishra, that the District Magistrate committed an illegality in passing the order as the District Magistrate cannot appoint an Executive Officer of the Nagar Palika Parishad and it is Nagar Palika Parishad alone has the power to appoint an Executive Officer under Section 59 of the Act.
(3.) SRI . Prem Chandra, learned counsel appearing for respondent No. 3 has, however, submitted that under the provisions of Section 69 -B of the Act and Rules 31 and 442 of the U.P. Palika (Centralized) Service Rules as also Rule 5 of the U.P. Municipalities Accounts Rules, the State Government issued Government Order dated 27th March, 2008 for giving officiating charge on the vacant post of Executive Officer in Nagar Panchayats and Nagar Palikas and it is in accordance with this Government Order that the District Magistrate issued the impugned order. It is also his contention that the controversy involved in this petition is covered by a Division Bench judgment of this Court in Writ Petition No. 24973 of 2008 (Pyare Vs. State of U.P. & Ors.) decided on 21st May, 2008. He, therefore, submits that the petition is liable to be dismissed.;