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High Court Of Rajasthan
Judgename : Wanchoo,Bapna
KESARI MAL - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Writ Appln. 32 Of 1956
Decided On : 10/29/1956
TOWN MUNICIPALITIES ACT - SECTION 22 (10) - REMOVAL OF CHAIRMAN - POWER OF GOVERNMENT - BASIC FACTS - EXISTENCE OF - DECISION OF GOVERNMENT - WHETHER QUASI-JUDICIAL - INTERFERENCE BY COURT - SCOPE OF - MALICE - ESTABLISHMENT OF - FACTS ON WHICH ALLEGATIONS OF NEGLECT OF DUTIES ARE BASED - EXAMINATION BY COURT - NEGLIGENCE - MEANING OF - STANDARD OF CARE - RELEVANCE OF PURPOSE TO BE SERVED - FINANCIAL IRREGULARITIES - WHETHER AMOUNT TO NEGLECT OF DUTIES - CIRCUMSTANCES TO BE CONSIDERED - MALA FIDES OF GOVERNMENT - EFFECT ON INFERENCE OF NEGLECT OF DUTIES.
Fact of the Case:
The petitioner, who was the Chairman of the Town Municipality of Sironj, was removed from office by the Government under Section 22 (10) of the Rajasthan Town Municipalities Act, 1951, on the ground of neglect of duties and incapacity to perform his duties. The petitioner challenged the order of removal, alleging that it was mala fide and that the basic facts which enabled the Government to exercise the power of removal did not exist.
Finding of the Court:
The Court held that the decision of the Government as to the existence of the basic facts was a decision of a quasi-judicial nature and that the Court could interfere with such a decision if it was mala fide or if the basic facts did not exist. The Court found that the Government was actuated by malice in removing the petitioner from office and that the basic facts which enabled the Government to exercise the power of removal did not exist. The Court also held that the alleged financial irregularities committed by the petitioner did not amount to neglect of duties, considering the circumstances of the case.
Issues: 1. Whether the decision of the Government to remove the petitioner from office was mala fide? 2. Whether the basic facts which enabled the Government to exercise the power of removal existed? 3. Whether the alleged financial irregularities committed by the petitioner amounted to neglect of duties?
Ratio Decidendi: 1. The Court held that the decision of the Government to remove the petitioner from office was mala fide on the basis of the following factors: a. The Government had not taken any action on the passing of a non-confidence motion against the petitioner and allowed him to continue until he was prevented from doing so by a decree of the Court of Munsif in a suit brought by the petitioner. b. The Government had opposed the petitioner in the bye-election of Sironj and had also appeared as witness against him in an election petition filed by another candidate. c. The Government had not denied the allegations of mala fides made by the petitioner in his petition. 2. The Court held that the basic facts which enabled the Government to exercise the power of removal did not exist on the basis of the following factors: a. The alleged financial irregularities committed by the petitioner were not serious and did not cause any loss or risk of loss to the Municipal Board. b. The petitioner had acted in good faith and had taken reasonable steps to maintain the health and sanitation of the town. c. The findings of the Government on charges 5 and 6 were contrary to actual facts. 3. The Court held that the alleged financial irregularities committed by the petitioner did not amount to neglect of duties, considering the following factors: a. The petitioner had acted in good faith and had taken reasonable steps to maintain the health and sanitation of the town. b. The financial irregularities were not serious and did not cause any loss or risk of loss to the Municipal Board.
Final Decision: The petition was allowed, and the order of the Government dated 24th January 1956, directing removal of the petitioner from the chairmanship of the Sironj Municipal Board was set aside.
BAPNA, J.
( 1 ) THIS is a petition under Article 226 of the Constitution against an order of the government removing the petitioner from the office of Chairman of the Town municipality of Sironj.
( 2 ) THE case of the petitioner is that he was-duly elected as Chairman or the Town municipality of Sironj, District Kotah, and had been working as such since 26th february, 1955. He was the Secretary of the Praja Socialist Party, and for various reasons mentioned in the petition had incurred the wrath of the Tehsil and District Congress Committees, which began to press the Congress-men in authority to bring about the petitioners removal in order to boost up the prestige of the congress in that area, and that as result of this pressure the present Government, which was run by the Congress party, ordered his removal under cover of Section 22 (10) of the Rajasthan Town Municipalities Act, 1951 (Act No. 23 of 1951 ). It was alleged that he was served by the Secretary, Local Self-Government, with a charge-sheet by letter dated 10th November, 1955 of which an explanation was given by him on the 3rd December, 1955. Later at an interview he explained the case to the Deputy Minister, and had shown that none of the charges were tenable; but nevertheless an order of removal from chairmanship of the Town municipality of Sironj was passed by the Government on 24th January, 1956, and served upon him on the 6th February, 1956. It was urged that the charges were baseless, and had not been proved. It was also urged that the entire allegations, even if held to be correct did not amount to negligence in the discharge of duties, or to incapacity to act, and that the order of the Government should, therefore, be set aside. (3) The charge, Ex. P. 1, was as follows : "notice under Section 22 (10) of the Rajasthan Town Municipalities Act, 1951, to the Chairman, Municipal Board, Sironj. From the complaints received against you, the audit report and other enquiry reports and your reply thereto the following stand substantiated against you :
(1) You ought to have obtained prior sanction of the competent authority to engage seven peons in anticipation of the Budget sanction.
(2) You drew advances from the Municipal Boards funds from time to time according to your requirements without obtaining sanction of the Board. You did not care to square them up.
(3) You confessed to keep the important record of the office always with you for fear that these might not be misplaced, but you should not have taken the record to your party office.
(4) It was in contravention of Rule 7 of the General Financial and Accounts Rules to adjust the expenditure of Rs. 3,200/-against amanat at the close of the year in order to avoid lapse of Budget grant.
(5) You ought to have auctioned the old radio of the Board as per its Resolution but you disposed it of to, an individual party for Rs. 250/- without undertaking the auction proceedings and without placing the matter before the Board.
(6) You did not invite tenders as per rules, for the purchase of new radio, 14 gas lanterns and a type-writer.
(7) It was unlawful on your part to refuse a member of the board to see the proceedings which was attended by him. The reasons given are not plausible.
I am, therefore, directed to ask you please to state as to why action under Section 22 (10) of the Rajasthan Town Municipalities Act, 1951, be not taken against you and you should not be removed from the chairmanship of the Municipal Board of Sironj for being Incompetent in the discharge of your duties. Your reply should reach this Department within 15 days of the receipt of this notice. You should also appear before the Minister for Local Self Govt. Department in person on 30-11-55 and have your say to him".
( 3 ) THE explanation by the petitioner submitted to the Government was Ex. P. 2, in which he explained the various circumstances appearing against him, urging that none of the charges were true.
( 4 ) THE order of removal from c
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