RAM ASREY BAISWAR Vs. SUBEDAR PANDEY

JUDGEMENT

(1.) THE District Board continued to function in Barabanki till the 30th of April, 1958. From the 1st of May, 1958, it was replaced by Antarim Zilia Parishad. The petitioner in this writ petition was a member of the Antarim zilia Parishad. His allegations in the present writ petition are that on the 7th of September, 1961, he received a letter in which a complaint was made against the conduct of respondent No. 1 Sri Subedar Pandey. In this letter it was stated that between the years 1948 and 1952 when Subedar Pandey was acting as a Tax Officer he used to some to Lucknow regularly and attend classes here during the day time. At the same time, he was showing his attendance in the rural area of Barabanki as a tax Officer, and also charging allowances in respect of it. It was further alleged in this complaint that respondent No. 1 was appointed a permanent Secretary on one years probation in place of one Sri Izhar Miart who had taken leave preparatory to retirement and that the appointment of respondent No. 1 as a permanent Secretary at a time when the post was not vacant was illegal and against the rules. A similar letter was received by one Sri Ram Sewak Yadava, another member of the Antarim Zila Parishad, Barabanki, on the 13th of September, 1961.

(2.) IN the present writ petition the main grievance of the petitioner is that the appointment of Sri Subedar Pandey as Secretary of the District Board, Barabanki was illegal. The facts which have given rise to this plea on behalf of the petitioner are not in dispute, it is the admitted case of the parties that one Sri Izhar Ahmad Faruqi was appointed secretary of the District Board, Barabanki, as long ago as 1923. On the 9th of August 1956. Sri Izhar Ahmad Faruqi made an application for grant of leave preparatory to retirement from the 14th of August 1956 up to the 14th of October, 1956. He was in fact entitled to further six months post -retirement leave. He was, therefore, allowed leave upto the 14th of April, 1957. On the same day, i.e. on the 9th of August, 1956, the President of the District Board temporarily appointed Sri Subedar Pandey to officiate in place of Sri Izhar Ahmad Faruqi from the 14th of August, 1956, the date when the leave of Sri Izhar Ahmad Faruqi started.

(3.) THE man question that arises in the present case is whether the resolution of the Board dated the 20th August, 1956, appointing Sri Subedar Pandey as secretary of the Board was a valid and a legal one. On behalf of the petitioner learned counsel has tried to assail its validity mainly on the following three grounds :