IQBAL AHAMAD Vs. STATE OF U P

JUDGEMENT

(1.) D. P. Mohapatra, C. J. On a reference made by a Division Bench of this Court to decide the question whether the State Government is required to give an opportunity of hearing to the Chairman or member of the Town Area Committee before confirming the order of his removal from office under Section 7-A of the U. P. Town Areas Act, 1914 (hereinafter referred to as the Act), this case has been placed before the Full Bench. In the reference order the following questions have been formulated for consideration by the Full Bench:- " (1) Whether it is obligatory on the State Government to provide an opportunity of hearing to the Chairman of Town Area Committee before confirmation under second proviso to Section 7-A of the Act of the order of the District Magistrate removing him? (ii) Whether State Government is required to pass a speaking order while confirming the order of the District Magistrate under the said above provisions? From the discussions in the reference order it appears that the Division Bench felt the necessity to refer the questions for consideration by Full Bench on being confronted with two conflicting decisions of different Division Benches of this Court in the case of Pargana Adhikari v. Ramesh Chandra Verma, (1994) 1 UPLBEC 156: (1994 All LJ 484) and Panna Lal Khandelwal v. State of U. P. , (1994) 23 All LR 481.

(2.) THE relevant facts of the case necessary for proper appreciation of the questions raised may be stated thus:

(3.) SRI Yatindra Singh, the learned Additional Advocate-General, on the other hand, contended that in the absence of any provision in the second proviso to Section 7-A of the Act which mandates the Government to give opportunity of hearing to the Chairman or the member concerned or pass a reasoned order, this Court should answer the questions referred in the negative.