L C AGARWAL Vs. MUNICIPAL BOARD HAPUR

JUDGEMENT

(1.) This is an appeal against an order of a learned Judge dated the 16th October, 1959, dismissing a petition under Article 226 of the Constitution.

(2.) The facts necessary for the purposes of this appeal can be stated very shortly. The appellant was appointed the executive officer of the respondent Municipal Board in the year 1931. In 1958 the President of the Board held an enquiry into charges which he had framed against the appellant under Section 69-A of the U. P. Municipalities Act, 1916, on the 23rd September, 1958. On the 27th November, the President pursuant to Sub-section (4) of that section submitted the record of the enquiry with his recommendations to the State Government. On the 23rd May, 1959, the State Government made the following order:

(3.) It is common ground that the U. P. Municipalities Act (hereinafter referred to as the Act) contains no express provision empowering the State Government to suspend an executive officer of the Board pending the consideration of the record of the enquiry and the President's recommendation submitted to it under Section 69-A (4), but the learned Judge was of opinion that such a power must be implied as being necessary for the purpose of enabling the State Government to perform the duties imposed on it by that sub-section which is in these terms: