Judgment

Bhagwati J. - This is an appeal by the heirs and legal representatives of the deceased plaintiff against the decree of the High Court of Judicature at Allahabad allowing the appeal by the Court of the Civil Judge of Shahjahanpur in favour of the plaintiff allowing the plaintiff s claim in part.

2. One Kailashi Nath Kapoor, the plaintiff was employed by the District of Shahjahanpur, the defendants, as their Secretary in the year 1924. He was also entrusted in 1929 with the additional duties of doing assessment work for the defendants. The work done by the plaintiff did not find favour with some members of the Board and on 9-11-1939 six members of the Board tabled a resolution asking the Chairman to convene a special meeting of the Board to consider a resolution for the dismissal of the plaintiff. A special meeting of the Board was convened on 17-12-1939. Twelve charges were framed against the plaintiff and he was required to furnish his answers to them. A special meeting of the Board was thereafter convened on 20-1-1940. The resolution for the dismissal of the plaintiff was on the agenda but the meeting had to be adjourned for want of quorum to 29-1-1940. At the adjourned meeting of 29-1-1940, twenty-five out of the twenty-seven members of the Board were present. The charges against the plaintiff were gone into and eleven out of the twelve charges were held proved. Two resolutions were consequently passed by the Board at this meeting, one being a resolution for his dismissal, and the other being a resolution for his suspension till the matter of his dismissal was decided under S. 71, U. P. District Boards Act 10 of 1922 on an appeal if any preferred by the plaintiff to the Government. The plaintiff preferred an appeal to the Government against the resolution for his dismissal and this appeal was dismissed by the Government on 19-12-1940.

3. The plaintiff thereafter commenced in the Court of the Civil Judge at Shahjahanpur the suit out of which this appeal arises against the defendants for a declaration that the two resolutions passed by the Board on 29-1-1940 were illegal and ultra vires of the Board and that he continued to be the Secretary and Assessing Officer of the Board, for an injunction restraining the Board from preventing him from discharging his duties as such Secretary and Assessing Officer, for arrears of his salary with interest and contribution to his Provident Fund and in the alternative for damages and compensation for illegal dismissal and suspension and for costs. The defendants contended that the said resolutions were valid and binding on the plaintiff and that the plaintiff was not entitled to any relief as claimed.

4. The learned trial Judge held that the two resolutions passed by the Board on 29-1-1940 were properly passed and that there was no irregularity in the procedure. He held that the resolution for dismissal of the plaintiff was valid and binding on the plaintiff but the resolution for suspension was not legal. In the result he decreed the plaintiff s claim for arrears of salary, and the contribution towards the provident fund against the defendants for the period of suspension and awarded to the plaintiff a sum of Rs. 6,629-4-0 with proportionate costs, the rest of the plaintiff s claim was dismissed. The defendants appealed to the High Court against this decree and the plaintiff filed cross-objections in regard to his claim which had been disallowed. The plaintiff died during the pendency of the appeal and his heirs and legal representatives, being his widow and his four sons, were brought on the record. The High Court concurred with the trial Court in the finding that there was no irregularity, impropriety or illegality in the procedure followed and the steps taken before the meeting or at the meeting of the Board when the two resolutions were considered and passed. It however disagreed with the conclusion reached by the trial Court that the resolution for suspension was ultra vires the