SOHAN LAL VERMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner impugns his removal from the office of President of the Municipal Committee, Barnala--to which office he was elected in August, 1979- by respondent No. 1, the State Government, in exercise of its powers under Section 22 of the Punjab Municipal Act, 1911(for short, the Act). The undisputed facts leading to the passing of this order dated Oct. 29, 1981 (Annexure P-3), are as follows :

(2.) On a complaint dated Jan. 16, 1981, received by the Minister Incharge, Local Self Government, Punjab, Mr. K. K. Sayal, Deputy Director (Headquarters) Local Government, Punjab, was directed to conduct a preliminary or fact finding enquiry to ascertain the truth of the allegations contained in the complaint. The petitioner was duly associated with this enquiry which was conducted during the month of Feb, 1981. Later in May,. 1981, in terms of the proviso to Section 22 of the Act, he was served with a show cause notice containing nine charges to submit his explanation to the same. He submitted a detailed explanation to the same denying all the charges on the basis of the facts stated therein. He was called for a personal hearing by the Director, Local self Government, Punjab, on Sept. 30, 1981. The petitioner did avail of this opportunity and explained his case to his satisfaction to the Director. On Oct 29, 1981, the impugned order (Annexure P-3) was passed and was later notified in the Official gazette on Nov. 24, 1981.

(3.) The petitioner impugns this order on the grounds that though it is a quasi judicial order, yet it is non-speaking and is violative of the principles of natural justice in as much as copy of the report submitted by Mr. K. K. Sayal, Deputy Director, to the Government, was never supplied to him before calling for his explanation. Besides this certain allegations of mala fides to were levelled against respondent No. 2, Smt. Rajinder Kaur Bhathal who was Congress M. L. A. from an adjoining constituency of the town of Barnala and is now a Minister of State, but at the time of the hearing of the case the said allegation were not adverted of the case the said allegations were not adverted to and probably for the reason that no factual foundation had been laid for those allegations in the petition. In order to appreciate the contentions raised, it is imperative to notice the contents of the impugned order, Annexure P-3, which is reproduced as under :- "Whereas the Governor of Punjab, after giving an opportunity to Shri Sohan Lal Verma, President, Municipal Committee, Barnala of tendering an explanation under proviso to Section 22 of the Punjab Municipal Act, 1911, is satisfied that the said Shri Sohan Lal Verma has abused his powers as President of Municipal Committee, Barnala, in the following cases:-