1. IN this writ petition, the petitioner, who was a member of the West Bengal Higher Judicial Service and was appointed Chairman of the Municipal Building Tribunal, Kolkata Municipal Corporation, by notification dated 25th November, 2002 for a period of two years with effect from 1st November, 2002 to 31st October, 2004, has challenged the notification dated 27th June, 2003, issued under sub-section (6) of section 415 of the Kolkata Municipal Corporation Act, 1980, whereby his services were withdrawn with effect from 30th June, 2003 until further orders.

2. THE impugned notification has been challenged on the ground that as under sub-section (6) of section 415 of the Act, Chairman or a member appointed under the said section cannot be removed except for incompetence, misconduct or any other good or sufficient reason and as in the instant case neither reason was assigned nor any enquiry was made, the impugned notification dated 27th June, 2003 is illegal. None appears on behalf of the petitioner when the matter is taken up for hearing. 2

3. IN order to adjudicate the dispute it is necessary to refer to section 415(6) of the Act which is as under:-

"415. Municipal Building Tr