LAWS(CAL)-2012-3-86

SOURENDRANATH MAITY Vs. STATE OF WEST BENGAL

Decided On March 06, 2012
SOURENDRANATH MAITY Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) IN this writ petition, the petitioner, who was a member of the West Bengal Higher Judicial Service and was appointed Chairman of the Municipal Building Tribunal, Kolkata Municipal Corporation, by notification dated 25th November, 2002 for a period of two years with effect from 1st November, 2002 to 31st October, 2004, has challenged the notification dated 27th June, 2003, issued under sub-section (6) of section 415 of the Kolkata Municipal Corporation Act, 1980, whereby his services were withdrawn with effect from 30th June, 2003 until further orders.

(2.) THE impugned notification has been challenged on the ground that as under sub-section (6) of section 415 of the Act, Chairman or a member appointed under the said section cannot be removed except for incompetence, misconduct or any other good or sufficient reason and as in the instant case neither reason was assigned nor any enquiry was made, the impugned notification dated 27th June, 2003 is illegal. None appears on behalf of the petitioner when the matter is taken up for hearing. 2

(3.) THE said notification is thus derogatory in nature as it undermines the dignity and status of the Tribunal, set up under the Act, and the Chairman and members appointed thereunder. Hence, the impugned notification dated 27th June, 2003 is set aside and quashed. Accordingly, the notification dated 1st August, 2003 withdrawing the car provided to the Chairman is also set aside and quashed. The writ petition is allowed. No order as to costs.