Document Fragment View

Matching Fragments

6. A supplementary counter-affidavit of Harish Kumar has also been filed on behalf of the City Board, Ghaziabad. In paragraph 5 of this affidavit, it is stated that the report of Sri T. C. Jain, Sub-Divisional Magistrate (An-nexure 20 to the writ petition) was a procured document and it is virtually a verbatim repetition of the petitioner's reply. It is further alleged that Sri T. C. Jain submitted his report when he was on the verge of retirement. It is also alleged that this report does not deal with all aspects of the charges against the petitioner and Sri Jain did not make any enquiry from the members or record of the City Board. As regards the report of the Additional District Magistrate (E) Ghaziabad Sri Mukesh Mohan Misra, it is stated that Shri Misra held an enquiry into four charges which were substantially different from the charges on the basis of which the petitioner has been removed. In particular it is alleged that there was no charge of interpolation! in the minutes of the City Board and fabrication of the resolution pertaining to purchase of 1000 P.C.C.. Poles. There was also no charge with respect to grant of contract to an unregistered contractor without compliance with the tender conditions and rules. There was also no charge with regard to the grant made in favour of Kacheru Singh, or with respect to excessive expenditure in the matter of transport etc. for fogging machines from Delhi Air Port to Ghaziabad. It was denied that the removal has been done under political pressure. Paragraph 11 of this affidavit deals with the matter relating to payment for 1000 PCC Poles and it is alleged that the petitioner misused his position in this connection.