LAXMI CHAND AGARWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner Laxmi Chand Agarwal is the Executive Officer of the Municipal Board, Hapur (hereinafter referred to as the Board), having been appointed to that post in the year 1931. Sri K. C. Mittal was the President of the Board in January, 1958. On 23rd of November, 1958, Sri Mittal served on the petitioner a charge sheet and started proceedings against him under Section 69-A of the U. P. Municipalities Act (hereinafter called the Act). The petitioner did not participate in the enquiry held against him, and Sri Mittal, after completing the enquiry, has submitted the record of the case with his recommendations to the State Government before whom the matter is pending at present. The State Government has issued a notice calling upon the petitioner to show cause why he should not be dismissed from service. On these facts the petitioner has came to this Court and has prayed for the issue of a writ of certiorari quashing the proceedings of enquiry including the charge sheet. There is also a prayer for the issue of a writ of prohibition commanding the State Government not to proceed against the petitioner on the basis of the recommendations of Sri Mittal.

(2.) I have heard Mr. S. N. Kakkar for the petitioner and Mr. S. C. Khare and the learned Senior Standing Counsel Mr. Shambhu Prasad for the respondents. Mr. Kakkar has made only one submission before me and it is that there is Overwhelming evidence to show that Sri K. C. Mittal had a bias against and was hostile to the petitioner and consequently, according to the principles of natural justice, he was incompetent to hold an enquiry against the petitioner. No other submission has been made before me.

(3.) Counter and rejoinder affidavits have been filed in the case. The petitioner has made a very large number of allegations with a view to show that Sri K. C. Mittal was biased against him. The reason why according to the petitioner Sri K. C. Mittal was very displeased with him was that the relations between one Sri Tara Chand Modi (now deceased) and Sri K. C. Mittal had been very strained for a long time past. Sri Tara Chand Modi was the President of the Board for a fairly long time. The petitioner was even at that time the Executive Officer of the Board. The petitioner's complaint is that Sri K. C. Mittal thought that the petitioner was a right hand man of Sri Tara Chand Modi and that was the main reason why he (Sri Mittal) got displeased with the petitioner. Most of the allegations made bv the petitioner showing bias have been controverted in the counter affidavit filed on behalf of some of the respondents.