SANJAY HARKAULI,J. - (1.) Heard Sri Arvind Kumar, learned counsel for the petitioner and the learned Additional Advocate General, Ms. Bulbul Godiyal, learned counsel for the State assisted by Sri Shobhit Mohan Shukla, learned Standing Counsel.
(2.) This petition has been filed seeking issuance of a writ of certiorari quashing the impugned order dated 11.04.2016 passed by the respondent no.1 (Annexure 1) removing the petitioner from the post of Chairperson, Nagar Panchayat, Amethi, District Lucknow in exercise of powers under the U.P. Municipalities Act, 1916 and also a writ of mandamus commanding the respondents to allow the petitioner to continue to discharge her duties on the aforesaid post and not to interfere with the functioning of the petitioner as such.
(3.) Briefly stated the case of the petitioner is that on 07.07.2012, the petitioner was elected as President of Nagar Panchayat, Amethi, Lucknow and assumed charge on the said post on 20.07.2012. One Sri Vidya Niwas Mishra was posted as Executive Officer, Nagar Panchayat, Amethi by the State Government in July 2013. Since there were complaints against Sri Mishra, hence a board meeting of the Nagar Panchayat was convened, which resolved on 24.07.2013 that Sri Mishra be recommended for transfer from Nagar Panchayat, Amethi. This recommendation was sent to the State Government but the State Government vide its letter dated 22.08.2013 asked the petitioner to allow Sri Mishra to join and this direction was coupled with a threat to the petitioner that if Sri Mishra was not allowed to join, the financial and administrative power of the petitioner may be withdrawn. Hence, on 27.08.2013 in spite of the resolution of the Board to the contrary, the petitioner allowed Sri Mishra to join as Executive Officer, Nagar Panchayat, Amethi, Lucknow. Sri Mishra, who was in the said circumstances annoyed with the petitioner and in collusion with other interested persons made a false complaint to the State Government against the petitioner in September, 2013 (Annexure 7). On 30.09.2013, on the said complaint of Sri Mishra, an inquiry was ordered to be made by the State Government against the petitioner. A preliminary inquiry was commenced on the said complaint and on the basis of false and incorrect material supplied by Sri Mishra as also on the basis of statement of the witnesses recorded behind the back of the petitioner, the District Magistrate submitted a preliminary inquiry report dated 11.11.2013 to the State Government, thereupon the State Government issued a notice dated 16.12.2013 under section 48(a) and (b) (xiv) and (xv) to the petitioner to show cause as to why the petitioner's financial and administrative powers cannot be ceased. The petitioner submitted her reply on 10.02.2014 denying all the allegations and charges. Instead of considering the same, another show cause notice dated 21.02.2014 under section 48 of the Act, 1916 on the self same charges were issued de hors the provisions contained in the Act for removing the petitioner from the post of the President, Nagar Panchayat, Amethi, Lucknow. The petitioner submitted her reply dated 06.03.2016 to the State Government to the said show cause notice.;