Chief Justice's Court
Case :- WRIT - C No. - 11538 of 2018 Petitioner :- Virendra Singh Respondent :- Union Of India And 3 Ors.
Counsel for Petitioner :- Rahul Sahai Counsel for Respondent :- A.S.G.I.,Abhishek Mishra
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Rahul Sahai, learned counsel for the petitioner and Mr. Abhishek Mishra, learned counsel for respondent Nos. 2, 3 and 4.
This petition is directed against the order dated 22.11.2017, passed by the first respondent, whereby the petitioner has been removed as a Member of respondent No.2-Cantonment Board, Mathura (in short 'the Board'), in exercise of the powers under clause (e) of sub-section (1) of Section 34 of the Cantonments Act, 2006 (in short 'the Act'). This provision provides that the Central Government may remove from the Board any Member thereof, who has himself done or aided or abetted encroachments and illegal constructions on defence land in contravention of the provisions of this Act and the rules and bye-laws made thereunder. The order dated 22.11.2017 passed by the first respondent reads thus:
"No. 76/38/Elected Member (Removal)/3/C/DE/32-F/2017-D(Q&C) Government of India Ministry of Defence ***
ORDER
New Delhi Dated the 22nd November, 2017 WHEREAS, Shri Virendra Singh was elected as a member from Ward No. 05 of Cantonment Board, Mathura in the election held on 11.01.2015 and he took the oath of allegiance on 23.02.2015 under Section 17 of the Cantonments Act, 2006.
2. AND WHEREAS on 23.04.2016 when Cantonment Board officials consisting of J.E., S.S., S.I. and 110-120 conservancy staff proceeded to demolish an unauthorized construction, Shri Virendra Singh not only himself pelted stones on the officials, he also incited the public to pelt stones upon Cantonment Board officials due to which officials of the Board were injured and official vehicle (mini tipper No. UP85 AG 0031) was also damaged.
3. AND WHEREAS Shri Virendra Singh obstructed Cantonment Board officials in discharging their official duty i.e. removal of unauthorized construction.
4. AND WHEREAS under section 154 Cr.P.C., a F.I.R. No. 0502 dated 24.04.2016 was registered against the said Shri Virendra Singh for offences under section 147, 148, 332, 353, 336, 323, 427, 436, 511 and 447 dated 24.04.2016 of I.P.C. at Thana Highway Mathura.
5. AND WHEREAS, Shri Virendra Singh, Elected Member of Cantonment Board, Mathura had filed a suit in the Court of Chief Judicial Magistrate, Mathura against the Chief Executive Officer, Mathura Cantonment Board and others (staff) alleging looting, physical assault, illegally entering in houses, filing false cases against him, causing physical injuries to many persons, demolition of residential properties etc.
6. AND WHEREAS, the suit has been dismissed by the court on 21.02.2017.
7. AND WHEREAS Shri Virendra Singh is a public servant under section 36 of the Cantonments Act, 2006.
8. AND WHEREAS section 34(1)(e) of the Cantonments Act, 2006 provides as under:-
"34. Removal of members.- (1) The Central Government may remove from a Board any member thereof, who-
(e) has himself done or aided or abetted encroachments and illegal constructions on defence land in contravention of the provisions of this Act and the rules and bye-laws made thereunder."
9. AND WHEREAS section 34(2) of the Cantonments Act, 2006 provides as under:-
"The Central Government may remove from a Board any member who, in the opinion of the Central Government, has so abused in any manner his position as a member of the Board as to render his continuance as a member detrimental to the public interests."
10. AND WHEREAS President Cantonment Board Mathura has recommended removal of Shri Virendra Singh as a member of the Board under section 34(1)(e) read with Section 34(2) of the Cantonments Act, 2006.
11. AND WHEREAS Shri Virendra Singh abetted encroachments and illegal constructions and abused his position as a member of the Board as to render his continuance as a member detrimental to Public Interest.
12. AND WHEREAS Shri Virendra Singh was issued a show cause notice No. 76/38/Elected Member (Removal)/3/C/DE/32-F/2017 dated 09.05.2017 to provide him an opportunity under section 34(4) of the Cantonments Act, 2006 to show cause within 15 days of receipt of the notice as to why he should not be removed from the membership of the Cantonment Board, Mathura.
13. AND WHEREAS the said Shri Virendra Singh has replied to the said show cause notice vide his letter dated nil.
14. AND WHEREAS the date of incident was 23.04.2016 and not 24.04.2016 mentioned inadvertently in the notice dated 09.05.2017. Shri Virendra Singh, while pointing out this inadvertent error in his reply has made submissions with reference to the incident dated 23.04.2016.
15. AND WHEREAS the reply given by Shri Virendra Singh has been considered and found devoid of merits.
16. AND WHEREAS the competent authority after carefully examining all the facts and circumstances of the case, considers that the said Shri Virendra Singh, Elected Member, Ward No. 05 acted against the Board by pelting the stones on officials and incited the public to pelt stone upon Cantonment Board officials due to which officials of the Board were injured and official vehicle was also damaged and therefore, his continuation as Board member is detrimental to Cantonment Board, and he should be removed from membership of Cantonment Board, Mathura.
17. Now, therefore, the President of India, is hereby pleased to remove the said Shri Virendra Singh, Elected Member, Ward No. 05, Mathura Cantonment Board from the membership of the Cantonment Board, Mathura with immediate effect under Section 34(1)(e) read with section 34(2) of the Cantonments Act, 2006.
(Rajesh Kumar Sah) Deputy Director Tel:23016258"
The allegation against the petitioner was that on 23.4.2016 when Cantonment Board officials and about 110-120 conservancy staffs proceeded to demolish an unauthorized construction, the petitioner not only himself pelted stones on the officials, but also incited the public to do so, due to which some of the officials sustained injuries and official vehicle was also damaged. It is not in dispute that an FIR has been lodged against the petitioner and others, bearing FIR No. 0502 dated 24.4.2016, for the offences punishable under Sections 147 / 148 / 332 / 353 / 336 / 323 / 427 / 436 / 511 and 447 of IPC, at Thana Highway, Mathura Police Station. The order records that a show cause notice was issued to the petitioner on 9.5.2017, under Section 34(4) of the Act. The show cause notice was replied by the petitioner. We have perused the show cause notice and the reply. It is clear therefrom that the petitioner, who was elected Member of the Board, for no reason, went to the spot when the demolition squad of the Board had gone for removal of encroachments on 23.4.2016. There, it further appears, he was trying to justify the encroachments made on the Cantonment land. From paragraph 14 of the reply, it appears to us that the petitioner not only was justifying encroachments but he also tried to mislead the Authorities while persuading them not to take action of demolition, by making reference to some of the High Court's order and order of the Supreme Court. Petitioner has placed the order of the High Court on record in support of his contention. From bare perusal of the order, it is clear that the land involved in the said writ petition, bearing Writ-B No. 2915 of 2006 (Annexure 3) and the land involved in the instant petition are totally different. Moreover, it is also not in dispute that the Board was not even party to the said writ petition. In short, the order of the High Court dated 12.1.2010, passed in Writ-B No. 2915 of 2006, had nothing to do with the land in dispute involved in the incident dated 23.4.2016. Even from the contents of the order, it is clear that the petitioner was trying to support the encroachers on the defence land. Counsel for petitioner repeatedly submitted that the petitioner has clearly denied the allegation of pelting stones and also inciting the public to do so, and in any case, on this ground he cannot be removed being a member of the Board. From perusal of the show cause notice, the petitioner's reply and also the order impugned, we are satisfied that the action under Section 34(1) (e) has been taken against the petitioner on the basis of the admitted facts that he was trying to protect the encroachments/illegal constructions on defence land not only by going to the spot, for no reason, but also misleading the demolition squad by making reference to orders of the High Court and the Supreme Court, which had absolutely nothing to do with the alleged encroachments. In the circumstances, we find no reason to interfere with the order impugned. Petition is dismissed.
Order Date :- 29.3.2018 VMA (Dilip B Bhosale, CJ) (Suneet Kumar, J)