DINESH CHANDRA SRIVASTAVA Vs. DIRECTOR LOCAL BODIES ALLAHABAD

JUDGEMENT

(1.) YATINDRA Singh, J. The only question involved in this writ petition is whether Section 77b (5) of the Municipalities Act would apply when an employee belonging to the centralised service is suspended. Facts and Parties' Submissions

(2.) THE petitioner is the Executive Officer of Nagar Panchayat, Jhunsi, Allahabad (the Nagar Panchayat ). THE Nagar Panchayals are now governed by U. P. Municipalities Act, 1916 (the Act ). He was suspended by the Director Local Bodies, Directorate U. P. He has filed the present writ petition challenging it on the ground that there is no special resolution supported by two third members constituting the Board as required by Section 77b (5) of the Act.

(3.) SECTION 77b1 of the Act provides for suspension of an employee of a municipal board. Its sub-section (1) provides that the authority competent to punish an officer and servant of a board may suspend him. Its sub-section (5) provides that the board shall act under this SECTION (78b) by special Resolution supported by not less than two third members constituting the board.