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State of Uttar Pradesh - Section

Section 69A in The U.P. Municipalities Act, 1916

69A. [ Framing charges against or suspension of officers by President. - (1) If the President has reason to believe that the Executive Officer or the Secretary or any of the other officers of the] [Inserted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] appointed under Section 68 [or the proviso to sub-section (2) of Section 57] [Inserted by U.P. Act No. 26 of 1964.] is corrupt or has persistently failed in the discharge of the duties or is otherwise guilty of misconduct, he may frame charges against him and where he is satisfied that it is so necessary, he may, for reasons to be recorded, suspend him pending the completion of the enquiry [and the passing of the final order by the Prescribed Authority or the Substituted by U.P. Act No. 12 of 1994.[Municipality] [Inserted by U.P. Act No. 26 of 1964.], as the case may be, under sub-section (4).

(2)[ Whenever the President takes action under sub-section (1), he shall within a week inform the Prescribed Authority and also forward to it a copy of the charges, and in case an order of suspension has been passed, the President shall also forward to the Prescribed Authority the material forming the basis of the charges.] [Substituted by U.P. Act No. 26 of 1964.]
(2A)[ The order of the suspension under sub-section (1) may at any time be revoked or modified by the Prescribed Authority.] [Inserted by U.P. Act No. 26 of 1964.]
(3)The enquiry under sub-section (1) shall be carried on in such manner as may be prescribed by rules.
(4)[ After the enquiry is completed, the President shall submit the record with his recommendations-to the Prescribed Authority or to the] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.], as he may consider fit. The Prescribed Authority or the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], as the case may be, shall thereupon, notwithstanding anything contained in sub-section (1) of Section 58 or Section 67 or Section 69, proceed to consider the report and may, after such further enquiry as it may deem necessary, dismiss, remove or otherwise punish or exonerate the Executive Officer or Secretary or other officer, as the case may be :Provided that the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall act under this sub-section through a special resolution supported by not less than two thirds of the members constituting the [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
(5)An appeal against an order of dismissal, removal or other punishment passed under sub-section (4) by the Prescribed Authority or the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], shall lie to the State Government within such time and in such manner as may be prescribed.