S L KAPOOR Vs. JAGMOHAN

JUDGEMENT

(1.) In exercise of the powers conferred by Sec. 12 of the Punjab Municipal Act 1911, as applicable to New Delhi, the Lt. Governor of the Union Territory of Delhi, by a notification dated September 29, 1979, appointed nine non-official members and four ex-officio members to the New Delhi Municipal Committee to hold office for a period of one year with effect from October 4, 1979. However, well before the expiry of the term for which the members were appointed, on February 27, 1980, the Lt. Governor, in exercise of the powers conferred by Section 238 (1) superseded the New Delhi Municipal Committee with immediate effect and appointed Shri P. N. Behl as the person who may exercise and perform all powers and duties of the New Delhi Municipal Committee until the said Committee was reconstituted.

(2.) The preamble to the order of supersession recited that the Committee was incompetent to perform and had made persistent default in the performance of the duties imposed on it under the law and had further abused its powers, resulting in wastage of Municipal funds. Four instances or grounds were mentioned. The first ground was that a clause for the payment of a mobilisation advance of Rs. fifteen lakhs was included in the contract awarded to M/s. Tarspore and Co. for the construction of City Centre though such a clause did not find a place in the original contract with M/s. Mohinder Singh and Co. The contract we may mention here, had been awarded to M/s. Tarapore and Co. on the failure of M/s. Mohinder Singh and Co. to complete the work. It was alleged that the contract was awarded to Tarapore and Co., at an enhanced cost without the prior approval of the Lt. Governor. The inclusion of the clause relating to payment of mobilisation advance was also without the approval of the Lt. Governor. The second ground was that one B. K. Mittal was re-employed by the New Delhi Municipal Committee notwithstanding the advice of the Central Vigilance Commission that 'major penalty proceedings, should be initiated aganist him. The third ground was that although the Central Vigilance Commission advised the removal from service of V. P. Sangal, the Municipal Committee resolved to impose the minor penalty of stoppage of a few increments. The fourth ground was that the Municipal Committee created a number of posts including that of Director of Horticulture and appointed Shri Sharma to that post in spite of the directive of the Lt. Governor not to create posts unless the staffing pattern was studied by the Administrative Reforms Department.

(3.) Two of the non-official members of the superseded New Delhi Municipal Committee, Shri S. L. Kapoor and another, filed Civil Writ Petitions in the Delhi High Court to quash the order of supersession dated February 27, 1980. The Writ Petitions were heard by a Full Bench of five Judges and were dismissed on May 9, 1980. S. L. Kapoor has preferred this appeal after obtaining Special Leave of this Court under Art. 136 of the Constitution.