MUNICIPAL BOARD Vs. SARDAR SUKHA SINGH

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit in which the plaintiff, Sardar Sukha Singh, prayed for a declaration that a special resolution passed by the Municipal Board of Shahjahanpur was illegal and ultra vires and also for arrears of salary. The plaintiff alleged that he had been in the service of the defendant Board for 12 years, that he had been appointed Secretary to the Board under Section 66, U.P. Municipalities Act of 1916, on 1 November 1917, and that he was Confirmed in the appointment as permanent Secretary on 8 November 1918. The plaintiff further averred that at a meeting of the Board held in contravention of the rules and regulations of the Board, on 3Obh November 1930, the Board had passed a resolution to the effect that his services had been dispensed with from that date and that the resolution was illegal and ultra vires. It is alleged also in the plaint that the plaintiff was discharged in order to make provision for the permanent employment of one Munshi Mohsin Ali Khan, a close relation of the Chairman of the Board who had been appointed to the newly created post of-executive officer.

(2.) In the written statement the Board averred that the resolution of 30th November 1930 dispensing with the services of the plaintiff was legal and further that the plaintiff had unsuccessfully appealed against the resolution of the Board to the Commissioner. In para. 9 of the written statement it is further averred that the meeting of the Board held on 30 November 1930 was in conformity with the rules and regulations and the Board had authority to pass the resolution abolishing the Secretary's post and dispensing with the services of the. plaintiff. At a special meeting of the Municipal Board, Shahjahanpur, held on 6 August 1930, a resolution was passed appointing M. Mohsin Ali Khan, executive officer. Under the U.P. Municipalities Act of 1916, the Municipal Board of Shahjahanpur may appoint either a Secretary or an executive officer or both. When their Board decided to appoint M. Moshin Ali Khan, the executive officer, on 6 August 1930, the plaintiff was Secretary of the Board, a position which he had held for about 12 years.

(3.) The appointment of M. Mohsin Ala Khan as executive officer was approved by the Government by letter dated 12 November 1930. After the appointments of M. Mohsin Ali Khan it became necessary for the Board to consider whether the services of the Secretary should be retainet. Accordingly the Chairman convened a special meeting of the Board for. 30 November 1930. A notice convening, the special meeting was circulated amongst the members in accordance with the provisions of Sub-section (2), Section 87, Municipalities Act of 1916 and the Municipal Board's regulations. By Regn. 2(1) it is provided that not less than three days before a meeting a notice to attend the meeting, signed by the Secretary or in his absence by the Chairman or a Vice-Chairman shall be circulated to each member of the Board. The notice convening the meeting; for 30 November 1930, was dated 27tb November 1930, but it appears that it was not circulated to three of the members of the Board until 28 November 1930. These three members therefore did not receive three days notice of the meeting. It was maintained on behalf of the plaintiff that the proceedings of the meeting and the resolution dispensing with his services were therefore null and void. It was further maintained on behalf of the plaintiff that the terms of the notice convening the meeting were vague and indefinite and did not clearly inform the members of the Board of the business to be transacted at the meeting. The resolution dispensing with the services of the plaintiff was further challenged upon the ground that in accordance with the regulations he had not been heard in his defence. Finally it was contended for the plaintiff that the resolution dispensing with his services was void because one week's notice of the intention to move that his services be dispensed with had not been given in accordance with Regn. 5 which appears at p. 38 of the Manual of Regulations.