Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 90-District Board-Dismissal of secretary-Resolutions far dismissal ss. 71 U. P. District Boards Act (X of 1922) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | U.p. District Boards Act, 1922 (10 of 1922) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U. P. District Boards Act (X of 1922), ss. 71, 90-District Board-Dismissal of secretary-Resolutions far dismissal, and suspension pending decision of appeal to Government-Validity of suspension. Section 71 of the U. P. District Boards Act, 1922, as amended in 1933 provided that a resolution of the Board for the dismissal of its secretary shall not take effect until the period of one month has expired or until the State Government have passed orders on any appeal preferred by him. A District Board passed a resolution for dismissal of its secretary and also for his suspension till the matter oi his dismissal was decided undersection 71 of the Act on an appeal if any preferred by the secretary : Held, that under section 90 of the Act a secretary could be suspended only as a punishment or pending inquiry or pending the orders of any . authority whose sanction is necessary for his dismissal. The words "pending the orders of any authority whose sanction is necessary for his dismissal" could not appropriately cover the_ case of a suspension like the present one and the resolution for suspension was therefore ultra vires. |
Judge | Hon'ble Mr. Justice Natwarlal Harilal Bhagwati |
Neutral Citation | 1952 INSC 43 |
Petitioner | Shrimati Hira Devi And Others |
Respondent | District Board, Shahjahanpur |
SCR | [1952] 1 S.C.R. 1122 |
Judgement Date | 1952-10-20 |
Case Number | 114 |
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