AURANGABAD: The
Aurangabad
bench of
Bombay High Court
recently directed Udgir municipal council to stop recovery process of Rs 2.50 lakh from petitioner
Ejaz Ahmed Pathan
, a tax collector with the civic body.
The court in its order said that the municipal council did not follow any due procedure or conducted a departmental inquiry before starting the process.
Pathan - accused of embezzling the money - in his appeal to the high court said that he had deposited the money with his superior officer, who did not give any acknowledgement receipt.
Pathan also pointed out to the court that the superior officer also failed to make an entry of the amount in the register.
His legal counsel Ajinkya Reddy said, "Pathan would collect taxes from residents and subsequently deposit them with Sanjay Bodkhe, his superior officer.
Bodkhe
was responsible for making entries in the recovery register. In the meantime, a government auditor audited the accounts of the council and made remarks on non-entry of the recovered sums in the register."
He added, "It was Bodkhe who was responsible for making entries in the register and he had not deposited the amount with the civic body. Instead of conducting a departmental inquiry, the council proceeded against
Pathan
, seeking to recover the alleged embezzled funds from his salary."
Following the argument, the high court bench comprising justices RM Borde and VK Jadhav issued notices to the municipal council, Bodkhe and the state government.
The court also directed the civic body that "it would be open for respondent No.3 (the civic body) to initiate departmental enquiry and take appropriate action against the petitioner. However, till then the amount as alleged shall not be recovered." The court has now placed the next hearing on November 16.
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