BABU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) ADMITTEDLY; the petitioner was holding the office of Member, Municipal Committee, Narwana when on 12th December, 1991, the State Government issued notification in exercise of the powers conferred by Clause (e) of Subsection (1) of Section 14 of the Haryana Municipal Act, 1973, removing the petitioner from membership of the Municipal Committee and further under sub section (2) of S. 14 disqualifying him for election as a member of a Municipal Committee for a period of four years.

(2.) PRIOR to this, a notice was served on him on 19th April, 1991 requiring him to submit his reply thereto within 21 days. The petitioner submitted an interim reply on 26th April, 1991, requesting for the supply of the inquiry report referred to in the notice. After receipt of the inquiry report, the petitioner submitted his detailed reply to the notice on 8th June, 1991, through his counsel. It appears that as the counsel of the petitioner had sent the reply direct to-the Commissioner and Secretary to the Government, Local Bodies Department, Haryana, through registered-A. D. Post, without routing the same through the Deputy Commissioner, find, the impugned order was issued under the impression that reply to the notice had not been submitted by the petitioner at all.

(3.) AFTER hearing the learned counsel for the parties, we find that the principles of natural justice have not been complied with, as the impugned order was passed without considering the reply to the notice submitted by the petitioner So far as the allegations of mala fides against respondent No. 5 are concerned, the matter is infructuous now as the said respondent is no longer a member of the-Council of Ministers in Haryana.