Uttarakhand High Court
Krishana Pal Bharadwaj vs Nagar Palika Parishad on 30 November, 2023
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal, Pankaj Purohit
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
(Review Appl. No.03 of 2023
(Review Appl. No.04 of 2023)
In
Writ Petition (M/B) No. 261 of 2023
Krishana Pal Bharadwaj ........Petitioner
Versus
Nagar Palika Parishad, Nainital
& others ...Respondents.
Mr. Naitik Bhatt, learned counsel holding brief of Mr. Piyush Garg, learned counsel for the
petitioner.
Mr. C.S. Rawat, learned Chief Standing Counsel assisted by Mr. Gajendra Tripathi,
learned Standing Counsel for the State.
Mr. A.S. Rawat, learned Senior Counsel appearing through video conferencing assisted
by Mr. K.K. Tiwari, learned counsel for Chairman, Nagar Palika, Parishad, Nainital.
Mr. D.S. Patni, learned Senior Counsel assisted by Mr. Dharmendra Barthwal, learned
counsel for Nagar Palika Parishad, Nainital.
Hon'ble Rakesh Thapliyal, J.
Hon'ble Pankaj Purohit, J.
(Per Hon'ble 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
th Chief Secretary, vide letter bearing no.940 dated 28.11.2023 to
the Additional Chief Secretary, Finance to initiate necessary
disciplinary proceedings against the said delinquent officers.
Copy of the letter bearing no.940 dated 28.11.2023 is being
marked and filed as Exhibit No.8 to this report.
8. That since Shri Manoj Pandey, the then Assistant Engineer,
PWD, provisional Block Nainital and Shri Gopal Dutt Tiwari,
Assistant Engineer, PWD, Provisional Block Nainital are
employees of Public Works Department, therefore instructions
have also been issued by the Chief Secretary, vide letter bearing
no. 942 dated 28.11.2023 to the Secretary, PWD to initiate
necessary disciplinary proceedings against the said delinquent
officers. Copy of the letter bearing no. 942 dated 28.11.2023 is
being marked and filed as Exhibit No.9 to this report."
5. It is contended in this compliance affidavit that pursuant to the
office order dated 21.10.2023 three members' inquiry committee was
constituted which was chaired by the Additional Director of Urban
Development Department. The said committee after completing the
preliminary inquiry submitted a report and pursuant to the said report
Chief Secretary issued three office letters i.e. Letter Nos.940, 941 and
942 on 28.11.2023. On the basis of the report submitted by the inquiry
committee a further action has been directed to be taken against the
erring person including the Chairman of the Nagar Palika Parishad,
Nainital.
6. Since in compliance to the order dated 17.10.2023 a compliance
affidavit has been filed by the Chief Secretary giving reference of the
inquiry report furnished by the three members inquiry committee and
now the directions have been issued to take action against the erring
officials and the Chairman of Nagar Palika Parishad, therefore, at this
stage there is no question of review of judgment dated 17.10.2023, as
such the Review Application is dismissed.
7. Learned Senior Counsel for the suspended Executive Officer (The
Review Applicant) strenuously argued to revoke the suspension of the
Executive Officer. Since the inquiry report is submitted and a
disciplinary proceeding is directed to be initiated against him, we do not
incline to pass such order.
8. However, the Executive Officer, Nagar Palika Parishad-Mr. Alok
Uniyal is given liberty to move a representation before the competent
authority for revocation of suspension order. The competent authority
may consider the said representation and decide the same by a reasoned
and speaking order after taking into consideration all the relevant
existing and prevailing rules. It is made clear that the competent
authority shall take a decision on the said representation within three
weeks from the date of receiving of the representation alongwith
certified copy of this judgment.
(Pankaj Purohit, J.)(Rakesh Thapliyal, .J.)
30.11.2023
Arti
