SOHANLAL BAJAJ Vs. DISTRICT MAGISTRATE BULANDSHAR

JUDGEMENT

(1.) THE petitioner was Presi dent of the Municipal Board. Dibai from August 18, 1957 until January 30, 1960. Daring the term of office he appointed one Mohd. Idris as a toll peon of the Municipal Board. Subsequently, it trans pired that Mohd. Idris was not qualified for appointment to that post. The Ex aminer, Local Fund Accounts, raised an objection to the payment of Rs. 703.02 to Mohd. Idris on account of salary and allowances. The petitioner was called upon to submit an explanation explain ing the circumstances in which he had appointed Mohd. Idris. The explanation was found insufficient and was rejected. On March 27, 1965, the State Govern ment directed the District Magistrate to take proceedings to recover the said sum of Rs. 703.02 from the petitioner as sur charge. The District Magistrate informed the petitioner that he was liable to deposit the said amount in the treasury of the Municipal Board. The petitioner now prays for relief under Art. 226 of the Constitution.

(2.) THE precedent's for recovery of the impugned surcharge are admittedly being taken under the Municipal Board Surcharge Rules. 1948. Rule 3(1) pro vides that in a case where the Examiner. Local Fund Accounts. U. P considers that there has been a loss of any money belonging to the Board as a direct con sequence of the misconduct of the Presi dent of the Board, he may report the matter to the Government who may call upon the President to explain in writing why he should not be surcharged with the amount which represents the loss caused to the Board. Rule 4 empowers the Government if it considers that the explanation is inadequate, to make an order of surcharge. That order, by virtue of sub-rule (2) of R. 4 has been declared final and no appeal lies affiants it.

(3.) AS the U. P. Municipal Board Surcharge Rules, 1948 are ultra vires and Section 81 of the Municipalities Act can not be invoked, the proceedings against the petitioner for recovery of surcharge are without the sanction of law. A. I. K.