2010 Supreme(All) 3795

[2011(3) ADJ 502 (FB)]
ALLAHABAD HIGH COURT
(Full Bench)
BEFORE : YATINDRA SINGH, RAJES KUMAR AND KRISHNA MURARI, JJ.
HAFIZ ATAULLAH ANSARI .....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 62427 of 2008, decided on 26th October, 2010)

Headnote:(A) Practice and Procedure—Reference—Larger Bench—Allahabad High Court Rules, 1952—Chapter V, Rules 1 and 6—Division Bench of High Court—Finding difference in views of other Division Bench cases—Referring that matter for authoritative view to Full Bench—Such reference is proper and not incompetent—Not to be sent back. [Para 49]

       Cases cited :

       2008 (1) ADJ 128; 2008 (3) ADJ 315; 2007 (1) ADJ 350 (Para 19)-Referred.

       (B) U.P. Municipalities Act, 1916—Sections 48(2), 48(2) Proviso and 48(2-A)—Removal—Chairman/President of Nagar Panchayat—Procedure to be adopted and ground on which, removal can be done—Mentioned—Proceedings for removal can be initiated only when grounds mentioned in Section 48(2) exist—By issuing show-cause notice—On receipt of explanation given by Chairman/President—Order for removal can be passed after considering explanation and recording reasons therefor, but only after giving him opportunity of hearing—Proviso to Section 48(2), which provides for cessation of financial and administrative powers of Chairman/President envisages two kinds of proceedings—First simplicitor, in which financial and administrative powers of Chairman/President does not cease and second in which these powers happen to cease—But for this second proceedings conditions mentioned in it should be satisfied—This proceeding is meant for serious situation which require extra precaution—Proceedings for removal can be initiated even without passing order for cessation of financial and administrative powers—However, when a valid notice under proviso to Section 48(2) is issued, complying with conditions of Proviso—These powers automatically cease—In such situation, recording of reasons is not required for ceasure of these powers—If notice is not found valid, in that situation even, proceedings for removal does not become invalid. [Paras 50 to 57, 59 to 65, 67, 71, 72 and 133]

       (C) U.P. Municipalities Act, 1916—Section 48(2)—Constitution of India, 1950—Article 226—Removal—Proceedings for—Chairman/President of Nagar Panchayat under Section 48(2)—Writ petition challenging it, at stage of issuing notice—High Court can quash proceedings if it is found that charges on face of it, or even if they are presumed to be proved—Do not make out a case under any of the grounds specified under Section 48(2)—In the instant case, there was only one charge—Notice was issued to Chairman/President for submitting his explanation/reply—He has submitted his expalanation/reply—High Court found that such notice is not invalid—As such, no interference at this stage is required. [Paras 66, 128, 132 and 133]

       (D) U.P. Municipalities Act, 1916—Section 48(2)—“Reason to believe”—Meaning of—Clarified—Satisfaction of State Government which forms its reason to believe—Is not its subjective satisfaction—It is objective satisfaction—Based on relevant materials—Although Court cannot go into question of sufficiency of materials, but can always see, whether there is relevant material on record for arriving at such objective satisfaction. [Paras 73 to 75 and 78]

       (E) U.P. Municipalities Act, 1916—Sections 48(2) Proviso and 48(2)—Notice—Cessation of financial and administrative powers—Chairman/President—Should contain charges, materials on which objective satisfaction is formed and also the evidence by which charges are to be proved—Unless these materials are contained in notice—It would be not valid. [Paras 79 to 81, 84 and 97]

       (F) U.P. Municipalities Act, 1916—Section 48(2)—Removal—Chairman/President of Nagar Panchayat—Proceedings for—Cannot be compared with departmental proceedings in service jurisprudence or reassessment proceedings in taxing statutes. [Paras 94 to 98]

       (G) U.P. Municipalities Act, 1916—Section 48(2) Proviso—Notice thereunder—Although provision no where provides for affording of opportunity to Chairman/President of Nagar Panchayat—But such notice is a step to proceedings for cessation of financial and administrative powers—As such, principles of natural justice are attracted even at this interim stage—Post decisional hearing cannot cure harm or damage caused to Chairman/President concerned—Consequently, he is entitled for getting opportunity of hearing—By such notice, he should be asked to give his explanation/reply and his explanation/reply be considered—This much, opportunity will meet ends of justice and would be fair—Detailed discussions on this aspect—Focussed. [Paras 102, 104, 108, 111, 113, 115, 117 to 120, 124 to 128 and 132]