M. C. DESAI, C. J.

( 1 ) I agree with my brother Dwivedi that the regulations published in Notification No. 6471/xi-226-46, dated the 29th November, 1946, and printed at p. 654 of the Municipal Manual, uttar Pradesh, Vol. I, 1952, are, in their application to an executive officer of a municipal board, ultra vires the State Government. Since we are overruling a decision of our brother Tandon, I consider it necessary to add a few words of my own.

( 2 ) THE Municipalities Act contains different provisions regarding appointment, punishment, dismissal etc. of different classes of officers and servants, and it is by no means certain that the impugned regulations are meant to govern the dismissal, removal or reduction of an executive officer. The provision "every order of dismissal, removal or reduction shall be in writing" means that the regulations govern the dismissal, removal or reduction by an "order" and not by a "resolution" of the board. An executive officer is liable to be punished, dismissed or removed by a special resolution ot the board, (vide Section 58), as well as by an ordinary resolution of the board on a recommendation made by the President after an enquiry under Section

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