AJUDHIA NATH HANDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ajudhia Nath Handa was appointed Executive Officer of the Municipal Committee, Batala, for five years under section 3(4) of the Punjab Municipal (Executive Officer) Act, 1931 , by the Local Government. The appointment became effective from 16th of January, 1948, on which date the petitioner had assumed charge of the office. The Municipal Committee by a unamimous resolution, dated 22nd of August, 1952, renewed his appointment for another five years in accordance with the provisions of section 3(1) of the Punjab Municipal (Executive Officer) Act, 1931 . The Government, however, approved the appointment only up to 2nd of December, 1956, which was the date on which Handa attained the age of 55 years (the date of superannuation). It appears that Handa had heart attack and began to keep indifferent health. On 20th of November, 1956, eight members of the Municipal Committee requisitioned a meeting for the purposes of removing Handa from his post, and the President under section 25(2) of the Punjab Municipal Act, 1911 , convened a meeting on 27th of November, 1956. Seventeen members constitute the Municipal Committee, Batala, but in this meeting only fourteen members were present.

(2.) One of the members present in the meeting raised an objection that Narinder Singh Bedi, who had already applied for the post of Executive Officer of this committee in case of Handa's removal, should not take part, in the meeting as he was directly or indirectly interested in the matter, but the President over-ruled the objection. Bedi voted for the resolution for removal of Handa. The resolution was carried by majority and the voting was eleven for the resolution and three against it. By this resolution Handa was to be removed with effect from 3rd of December, 1956, on account of ill health. The resolution was considered to have been passed by a majority of five eighths of the total number of members constituting the Committee as contemplated in section 3(7) of the Punjab Municipal (Executive Officer) Act and was in due course forwarded to the Punjab Government for final orders. The Punjab Government removed Handa from the office of Executive Officer under section 3(7) of the Punjab Municipal (Executive Officer) Act by order, dated 8th of February, 1957.

(3.) Handa has now come to this Court under Article 226 of the Constitution to get the order of his removal passed by the Punjab Government set aside. This petition is contested both by the Municipal Committee, Batala, and the Punjab State.