RAMESHWAR PRASAD Vs. MUNICIPAL BOARD PILIBHIT

JUDGEMENT

(1.) The petitioners Nos. 1 to 3 have been employed by the Municipal Board of Pilibhit as Octroi Moharrirs, while petitioners Nos. 4 to 6 as Assistant Moharrirs in the said Municipal Board. In 1950, it seems, the State Government issued an order No. 765/IX-I.M. P. 250-1949 fixing minimum educational qualifications for the employees of the municipal boards functioning in this State. The petitioners were working on their posts on 12-7-1956 when the Municipal Board passed a resolution by a majority directing that removal notices be given to the Octroi Moharrirs who did not possess the minimum educational qualification prescribed by the aforesaid order. In pursuance of the said resolution the Executive Officer of the Board issued a notice to the petitioners, which runs as follows:

(2.) In my opinion the mere fact that no notice had been given to the petitioners before terminating their services would not invalidate either the resolution of termination or the notice issued in pursuance thereof.

(3.) In the case of S. D. Mathur v. Municipal Board, Agra, 1956 All LJ 71: (AIR 1956 All 181) (A), it was held by this Court that the services of a municipal servant could not be terminated without furnishing him an opportunity of showing cause as required by the paragraphs appearing on pages 454 and 654 of the Municipal Manual. The relevant paragraph on page 454 is as follows: