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Madhya Pradesh High Court · body

2006 DIGILAW 38 (MP)

Brij Mohan Singh Parihar v. State of M. P.

2006-01-04

A.K.GOHIL, S.S.JHA

body2006
ORDER 1. This petition is filed challenging the misuse of funds of Municipal Corporation in sending the Corporators and the Commissioner, Municipal Corporation for attending international workshop at Rotterdam, Amsterdam, Hague, Paris and Brussels. 2. The document filed on behalf of Municipal Corporation indicates that the State Government has categorically mentioned that expenses for the visit shall not be borne either by the State Government or by the Municipal Corporation. Annexure R-IV is a letter issued in the name of Governor of Madhya Pradesh whereby State Government has permitted the visit of Commissioner, Municipal Corporation, Gwalior on the condition that entire cost of overseas travel and related expenditure in connection with the visit will not be borne by the State Government and Municipal Corporation. This letter (Annexure R-IV) was issued on 11.7.2003. Similarly, visit of Mayor of Municipal Corporation was permitted on similar terms by the State Government. Later on, permission to travel was given to leader of opposition and other Corporation on same terms. 3. However, ignoring the directions issued by the Government, Mayor and Chairman, Mayor-in-Council Shri Pooran Singh Palaiya on 22.8.2003 has sanctioned an amount of Rupees Ten lakhs towards the expenses of travel and other charges for the visit of Commissioner, Municipal Corporation and for leader of opposition and leader of ruling party and two other Corporators. However, this order was placed for confirmation in the meeting of Mayor-in-Council. Vide Annexure P-5 the sanction was cancelled and the order of 22.8.2003 was not approved and the order for granting permission was cancelled. Then again, a letter was written to the Chief Minister, for granting permission for sending three members to attend the international conference consisting of Mayor, Commissioner, Municipal Corporators and leader of opposition vide Annexure P-6. Vide Annexure' P-7, a letter was written to Principal Secretary, Urban Administration and Development that permission be granted for the visit of four Corporators consisting the leader of ruling party, leader of opposition and two other Corporators. However, even on the request of Mayor of Municipal Corporation, permission was granted on the condition that expenses shall not be borne either by the State Government or by the Municipal Corporation. 4. For the reasons best known to the Municipal Corporation, vide resolution No. 709 dated 19.7.2004, nominated President of Municipal Corporation, Gwalior, Smt. Dr. However, even on the request of Mayor of Municipal Corporation, permission was granted on the condition that expenses shall not be borne either by the State Government or by the Municipal Corporation. 4. For the reasons best known to the Municipal Corporation, vide resolution No. 709 dated 19.7.2004, nominated President of Municipal Corporation, Gwalior, Smt. Dr. Rekha Shete has ordered that since the Corporation is competent to sanction the visit and has ordered that expenses shall be borne by the Municipal Corporation. 5. Now the Government has not granted permission to the Municipal Corporation to spend money. Lateran, vide Annexure R -1, filed by State Government, Under Secretary, Madhya Pradesh Urban Administration and Development has written a letter to the Chairman and Managing Director of HUDCO, New Delhi to bear the expenses of the visits of Commissioner, Municipal Corporation and Corporators and has requested that the amount spent by the Municipal Corporation, Gwalior amounting to Rs. 10,80,205/- be paid by them to Municipal Corporation. HUDCO has not paid the amount. Counsel for HUDCO, Shri Dwivedi has informed that prior to the visit, no request was made to HUDCO for financial assistance and HUDCO has never agreed to bear the expenses. 6. Thus, this is a case of misuse of public fund. Municipal Corporation is a trustee of public fund and it can utilise the fund in accordance with the rules and for the requirement of Municipal Corporation. Respondent No. 8-HUDCO has filed a return and they have mentioned that grant of amount of Rs.45.36 lakhs was made to the Municipal Corporation, Gwalior for construction of "Pay & Use" toilet complexes under Night Shelter Scheme at Gwalior (Scheme No. 17401) and not for any other purpose. As such, it is apparent that the amount spent on the visit of Commissioner as well as Corporators was not permissible and the permission so granted was unauthorised. 7. The State Government is directed to initiate action and recover the loss caused to the Municipal Corporation with interest and submit it report about steps taken for recovery of the said amount within fours weeks. List after four weeks for further orders.