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1957 Supreme(All) 303

J.N.TAKRU, D.N.ROY
MOHAMMAD ALI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
M.H.BEG

D. N. ROY, J.

( 1 ) THIS special appeal is directed against an order dated 22-11-1957 passed by a learned Single judge of this Court by which Civil Miscellaneous Writ Petition No. 3023 of 1957 had been rejected. The appellant was employed by the Municipal Board of Maunath Bhanjari in the district of Azamgarh as an overseer. Under the provisions of Section 68 (2) of the U. P. Municipalities Act the appointment and the salary and other conditions attached thereto are required to be subjected to the approval of the State Government. The matter in the present case appears never to have been sent up to the State Government for approval. It came to the notice of the District Magistrate of Azamgarh that the appellant was performing duties as an overseer without the approval of the State Government. Consequently he brought it to the notice of the state Government. The State Government after carefully considering the matter refused to approve of the appointment and sent a direction to the District Magistrate with a copy to the President of the municipal Board, Maunath Bhanjan, that the retention of the appellant was wholly unjustified and that his services may be terminated at once. In comp






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