VISHWA BANDHU GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS writ petition has been filed praying that the order dated June 12, 1976, passed by the State Government removing the petitioner from the oftice of the President, Town Area, Gulathi, district Bulandshar, be quashed. The petitioner was elected Chairman of the Town Area, Gulathi sometime in the year 1971. Subsequent to his taking office as Chairman, Town Area, he was served with charges which included accusation of embezzelment. He was suspended and in the due course the impugned order removing him from the office of the Chairman, Town Area, was passed. Learned counsel for the petitioner contended before us that, according to Section 7-A of the Town Area Act under which the impugned order is passed, the petitioner could be removed from his office for misconduct committed during the current term of chairmanship. Learned counsel urged that the misconduct alleged to have been committed by the petitioner during his previous term of Chairmanship could not be basis for removing him from the office of the Chairmanship. In support of his contention learned counsel referred us to a decision of this Court in the case of Bhagwati Prasad Chaudhary v. State of Uttar Pradesh (Civil Misc. Writ No. 412 of 1955 decided on October 17, 1955). In that case the petitioner was removed from the officer of the President, Municipal Board for misconduct alleged to have been committed by him during his previous term of Chairmanship of Municipal Board. The order was passed under Section 48(2) (vi) of the Municipalities Act. The said provision, as it then stood, is in pari materia with Section 7-A(vi) of the U.P. Municipalities Act, this Court observed: "In the view of the matter no anomalous position will arise if the section is interpreted to apply to cases of misconduct committed by the President during the term of his presidentship from which he is sought to be removed. With the above observation this Court allowed the petition and quashed the order removing the petitioner from the office of the President of Municipal Board. In the instant case there is no dispute about the fact that the charge of misconduct, for which the impugned order was passed against the petitioner, relates to the period prior to the year 1971, i.e., to his previous term of Chairmanship and not to the term of Chairmanship from which he was removed. The rule laid down by this Court in the aforesaid case, therefore, applies on all form in the instant case as well. THIS writ petition is, accordingly, allowed and the order dated June 12, 1976 (Annexure I to the writ petition) is hereby quashed. No order, however, is made as to costs.