RANU SEN GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this appeal the appellants, who were at the material time mid-wives in the Health Department of the Howrah Municipality, have assailed the propriety of the judgment of G. N. Ray, J. whereby the learned Judge discharged the Rule Nisi issued on the application of the appellants under Article 226 of the Constitution. In the writ petition, the appellants challenged the validity of the order of transfer dated June 3, 1980 passed by the President of the Committee appointed, by the State Government under Section 56-A of the Bengal Municipal Act, 1932, hereinafter referred to as the Act, to take charge of the administration of the affairs of the municipality. By the impugned order of transfer, the appellants were transferred from one ward to another within the municipality.

(2.) At the hearing of the Rule Nisi, in assailing the impugned order of transfer the appellants challenged the constitutional validity of Section 56-A which has been inserted in the Act by Section 3 of the Bengal Municipal (Second Amendment) Act, 1969. It was contended on behalf of the appellants that as Section 56-A was ultra vires the constitution, it was void and, consequently, the Committee appointed under Section 56-A did not derive from such appointment any authority to administer the affairs of the municipality. It was, accordingly, contended by the appellants that the impugned order of transfer was illegal and void and should be quashed. Further, it was contended that the appointment of the Committee was mala fide.

(3.) The learned Judge, after considering the facts and circumstances of the case and the submissions made on behalf of the parties, overruled the above contentions of the appellants and, as stated already, discharged the Rule Nisi. Hence this appeal.