JAWALA PARKASH Vs. STATE

JUDGEMENT

(1.) THIS is a writ petition by Mr. Jawala Prakash, a practising counsel at Hiranagar, who was some time back the Chairman of the Town Area Committee Hiranagar. He seeks a writ of certiorari or in the alternative a writ of mandamus with the prayer that the opposite party the Government may be restrained from removing him from the Chairmanship of the said Town Area Committee.

(2.) IN their objection the opposite party has made out that the Government felt dissatisfied with the working of the Town Area Committee Hiranagar and pursuant thereof a charge sheet was framed against its Chairman, Shri Jawala Prakash, who submitted an explanation, which was considered by the proper authority and which found it necessary to order removal of Jawala Prakash from the Chairmanship of the said Town Area Committee.

(3.) ON behalf of Mr. Jawala Prakash, Mr. R. N. Bhalgotra who seems to have put in good labour in preparing his case, argued his case with ability and clarity, but with all this, as will be just seen, I am afraid I cannot agree with the submission made by him. Mr. Bhagotra has vehemently pressed that the decision arrived at by the Government in removing Mr. Jawala Prakash from Chairmanship was wrong and not warranted by the facts of the case. He further argued that no inquiry was held by the authorities, according to law, and as such the Government, in his submission, could not assume jurisdiction in the matter and order removal of Mr. Jawala Prakash. It has been pointed out by me before - and I may once again put down here -that this Court will assume jurisdiction in matters like the one before me only if an authority which is bound to follow the provisions of a statute acts in contravention of those provisions. But if the Government or such authority acts according to the procedure provided by the said statute, holds an inquiry as provided by law, and then arrives at some conclusions, this Court will not and cannot interfere on the ground that these conclusions are not warranted by facts.