Court No. - 16
Case :- WRIT - A No. - 22906 of 2018 Petitioner :- Nagar Panchayat, Bidhuna, Auraiya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh,Manvendra Nath Singh Counsel for Respondent :- C.S.C.,P. N. Rai
Hon'ble Mrs. Sangeeta Chandra,J.
Oral
Heard the learned counsel for the petitioners and the learned standing counsel who appears for the State respondents.
This writ petition has been filed challenging the order dated 8.10.2018 passed by the District Magistrate / District Election Officer, Auraiya as communicated by the Additional District Magistrate (Finance & Revenue), District Auraiya and has prayed for a mandamus commanding the respondent nos. 2 /3 to accept the proposal of the petitioner for attachment of some other clerks whose names have been given in their application in place of Mr. Dinesh Kumar Gupta and Pushpendra Singh (under suspension) as proposed by the Nagar Panchayat through its letter dated 4.10.2018 and 9.10.2018.
This Court by its order dated 26.10.2018 had directed the State Election Commission to implead as respondent no.
4 which has been done by the learned counsel for the petitioner, Sri P.N. Rai appears for the respondent no. 4. He says that in pursuance of the order dated 8.10.2018, he has received instructions to say that the Executive Officer, Nagar Panchayat, Bidhuna, Auraiya has relieved the two employees demanded by the respondent no.2/3 - Mr. Dinesh Kumar Gupta and Mr. Pushpendra Singh by its order dated 11.10.2018.
The learned counsel for the petitioner has submitted that the Nagar Panchayat, Bidhuna has nine Clerks, five Pump Operators / Assistant Pump Operators and fifteen group 'D' employees. A requisition letter dated 29.9.2018 has been sent by the U.P. Zila Nirvachan Adhikari / Additional District Magistrate (Finance & Revenue), Auraiya which was received in the office of the petitioner no. 1 on 1.10.2018, asking for the senior most clerk of the petitioner - Mr. Dinesh Kumar Gupta and another clerk, namely Mr. Pushpendra Singh for attachment in the office of the Collectorate, District Auraiya (at Kakor) in the office of the District Election Officer / District Magistrate, Auraiya for revision of electoral rolls.
After receiving of the said requisition, the Executive Officer sent a request letter saying that there was great difficulty in attaching Mr. Dinesh Kumar Gupta in the office of the District Election Officer as he has been looking after the work of accounts of the Nagar Panchayat for the past 30 years and his digital signature has been approved in all the concerned offices by which all the process is being done regarding identification and release of funds for development work being carried out in the Nagar Panchayat. The said Mr. Dinesh Kumar Gupta is identified also as the competent person to look after Gem Portal and his attachment in the District Election office will prejudicially effect the working in the Nagar Panchayat and infact it would come to standstill.
It was also submitted in the letter dated 4.10.2018 that the other employee Mr. Pushpendra Singh is under suspension and he therefore cannot be attached. In this letter dated 4.10.2018, a request was made for the respondent no. 3 to reconsider the requisition and take Mr. Rajesh Kumar and Arvind Kumar Tiwari instead, as both these employees had an experience of 25 years and would work just and well.
A true copy of the letter dated 4.10.2018 has been filed as Annexure 2 to the writ petition. The relevant extract of the letter which is in Hindi is being quoted herein below:-
^^ d`i;k mi;qZDr fo"k; ls lEcfU/kr vius i= la-&642/29&Mh0 bZ0 vks0@ dkfeZd lEc}hdj.k @ 2018] fnukad 29 flrEcj] 2018 dk lUnHkZ xzg.k djus dk d"V djsa] ftlds }kjk vkxkeh yksdlHkk lkekU; fuokZpu&2019 dh rS;kfj;ksa dks n`f"Vxr j[krs gq, vkids }kjk bl fudk; eas dk;Zrj Jh fnus'k dqekj xqIrk ,oa Jh iq"isUnz flag fyfid dks lEc} dj bUgas dk;eZ qDr fd;s tkus ds funsZ'k fn;s x;s gSSa] ds lEcU/k eas voxr djkuk gS fd bl fudk; eas dk;Zjr Jh eq- unhe fl}hdh fyfid ekg tqykbZ 2018 eas los k fuo`Rr gks pqds gS rFkk Jh i"q iUns z flga fyfid fuyfEcr gksus ds dkj.k igys ls gh dk;kZy; ds dk;Z izHkkfor pys vk jgs gSaA Jh fnus'k dqekj xqIrk fyfid dks ys[ks ds iVy ds dk;Z ds lkFk&2 dk;kZy; ds vU; egRoiw.kZ dk;Z lkSias gq, gS ;Fkk dk;kZy; eas v/kkgLrs k{kjh ds vykok ek= y[s kk fyfid Jh fnus'k dqekj xqIrk dk gh fMftVy gLrk{kj cuk gqvk gS rFkk tse iksVZy (Gem Portal) ij Hkh budh vkbZ0Mh0 ls dk;Z gksrk gSA ys[kk dk;Z gsrq dk;kZy; eas vU; dkbZs fHkK deZpkjh @ fyfid u gksus ls fuokZpu dk;Z gsrq budks dk;ZeqDr fd;s tkus ls dk;kZy; ds lHkh dk;Z izHkkfor gks tk;asxsA bl lEcU/k eas fuokZpu dk;kZy; }kjk nwjHkk"k ij gqbZ okrk ds nkSjku fuokZpu dk;Z gsrq nks deZpkfj;kas dh ekxa dh xbZ Fkh rFkk ;g dgk x;k Fkk fd vkids dk;kZy; dk dk;Z izHkkfor u gksA ftlij v/kksgLrk{kjh }kjk Jh iq"isUnz flag fyfid ,oa Jh vjfoUn dqekj frokjh iIi vkijsVj ds ukekas ls voxr djk;k x;k FkkA fdUrq Jh iq"isUnz flag fyfid orZeku eas fuyfEcr py jgs gSa ,ls h n'kk eas Jh fnu'ks dqekj xqIrk fyfid ,oa Jh iq"iUns z flga fyfid ds Lfkku ij Jh jkts'k dqekj fyfid oa Jh vjfoUn dqekj iIi vkijsVj dks fuokZpu dk;Z gsrq lEc} fd;k tkuk mfpr izrhr gksrk gSA** However, by the impugned order / letter dated 8.10.2018 received in the office of the petitioner on 10.10.2018, the request has been turned down and there is an insistence on the part of the respondent nos. 2 & 3 that Mr. Dinesh Kumar Gupta should alone be sent, although the request for Pushpendra Singh, the suspended employee, has not been made in the said letter.
It has been submitted by the learned counsel for the Nagar Panchayat that the Nagar Panchayat is willing to spare two other employees who would work just and well, as the District Election Officer is only carrying out the work of revision of the electoral rolls and any experienced employee given by the Nagar Panchayat would do the work as per the directions issued by the respondent nos. 2 & 3.
On the other hand, the Nagar Panchayat would suffer because of the taking away of Mr. Dinesh Kumar Gupta who is the identified clerical staff whose digital signature has been verified in the concerned offices and is looking after the work of accounts for the past 30 years in the Nagar Panchayat.
Learned counsel for the respondent has also pointed out that now since the Executive Officer has relieved Mr. Dinesh Kumar Gupta on 10.10.2018, this Court may not issue any interim order. He has also pointed out that the aggrieved person i.e. Mr. Dinesh Kumar Gupta has not approached this Court instead the Chairman of the Nagar Panchayat Bidhuna has approached this Court.
This Court finds that it would not make any difference to Mr. Dinesh Kumar Gupta whether he works in Nagar Panchayat, Bidhuna or at the District Election Office at Auraiya whereas a difference would certainly occur in the functioning of the Nagar Panchayat whose accounts work will come to standstill. Therefore the Nagar Panchayat has come before this Court through its Chairman. When alternative employees were offered to the respondent nos. 2 & 3 by the Nagar Panchayat, they could have accepted the proposal instead of arbitrarily insisting upon the relieving of Mr. Dinesh Kumar Gupta.The insistence on one particular employee to be attached is incomprehensible to this Court.
The Nagar Panchayat is an elected body and has a Constitutional status. The Chairman of the Nagar Panchayat is also an elected person and his wishes are also important to be taken into account. The work of the Nagar Panchayat cannot be allowed to come to a standstill only because the respondent nos. 2 & 3 out of intransigence have insisted upon Mr. Dinesh Kumar Gupta to be relieved.
Therefore, this Court puts the operation of the letter dated 8.10.2018 and consequently the reliving order dated 11.10.2018 in abeyance.
The respondent nos. 2 & 3 shall reconsider the request of the petitioner no. 1 and may take any substitute employee in the clerical grade for its work of revision of the electoral rolls from the office of the Nagar Panchayat, Bidhuna. The Nagar Panchayat in its turn shall honour such request forthwith.
The writ petition stands disposed of.
Order Date :- 30.10.2018 Arif