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1958 Supreme(All) 50

J.SAHAI
RAMESHWAR PRASAD – Appellant
Versus
MUNICIPAL BOARD PILIBHIT – Respondent


Advocates Appeared:
SHANTI BHUSHAN

J. SAHAI, J.


( 1 ) THE petitioners Nos. 1 to 3 have been employed by the Municipal Board of Pilibhit as Octroi moharrirs, while petitioners Nos. 4 to 6 as Assistant Moharrirs in the said Municipal Board. In 1950, it seems, the State Government issued an order No. 765/ix-I. M. P. 250-1949 fixing minimum educational qualifications for the employees of the municipal boards functioning in this State. The petitioners were working on their posts on 12-7-1956 when the Municipal Board passed a resolution by a majority directing that removal notices be given to the Octroi Moharrirs who did not possess the minimum educational qualification prescribed by the aforesaid order. In pursuance of the said resolution the Executive Officer of the Board issued a notice to the petitioners, which runs as follows:

"please take notice that your service will be terminated with effect from 16-10-1956 as per B. R. No. 9 dated 12-7-1956 as you do not possess the requisite qualifications. Please treat it as three months notice for the termination of your service. "

The petitioners complaint is that before they were removed no notice was issued to them calling upon them to show cause against the proposed action,




























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