STATE OF U. P., THROUGH THE JOINT SECRETARY, TO GOVERNMENT U. P., GENERAL SECRETARIAT, LUCKNOW AND OTHERS Vs. MEWA LAL YADAV

JUDGEMENT

(1.) This is an appeal against a decision of Mr. Justice Mehrotra dated the 20th Sept. 1957 allowing a petition filed by the respondent under Art. 226 of the Constitution.

(2.) The respondent was elected a member of the Municipal Board Bhadohi in the district of Varanasi in the year 1953. In 1955 he was elected as the Senior Vice-President of the Board. In that capacity he performed the duties of the President whenever it became necessary. On the 12th Jan. 1957 at the instance of the State Government the Commissioner of the Banaras Division served a notice upon him under sub-Sec. (3) of Sec. 40 of the U. P. Municipalities Act calling upon him to show cause why he should not be removed from the membership of the Board on the ground that he had flagrantly abused his powers as a member while acting as President of the Board. A charge-sheet containing the following charges accompanied the notice:-

(3.) The respondent submitted his explanation on the 4th May 1957 and disputed the allegations made against him. In his explanation he also made a grievance of the fact that as the necessary file had not been supplied to him he was not in a position to give a detailed reply to the charges. The Government considered his reply and by an order dated the 5th Aug. 1957 directed the respondents removal from the membership of the Board. Aggrieved with that order the respondent filed the writ petition out of which this appeal has arisen and prayed for the quashing of the order of removal and the proceedings in which it had resulted.