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1971 Supreme(All) 289

H. N. SETH, R. S. PATHAK
Sharat Chand Misra – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
S. N. Kacker, Advocate, For the Appellant / S.C. Khare, Advocate, For the Respondent

JUDGMENT

H. N. Seth, J. Sharat Chand Misra has filed this appeal against the judgment of a Single Judge of this Court dated 20th July, 1970 dismissing his writ petition directed against a resolution passed by the Zila Parishad, Hamirpur, dated 9-11-1963 terminating his services under rule 3-A(iv) of the Rules regarding Officers and servants of the District Board on payment of three months salary in lieu of notice.

2. Before the learned Single Judge, the petitioner advanced the following arguments in support of his case that the resolution terminating his services as Secretary of Zila Parishad, was illegal:

1. That rule 3A(iv) under which the petitioner's services have been terminated, confers arbitrary powers and is discriminatory and must,therefore, be struck down for contravening Article 14 of the Constitution.

2. Even assuming that rule 3-A(iv) is valid and en forcible, its requirement shave not been fulfilled in ti-c case of the petitioner because he was not paid three months' salary to which he was entitled in lieu of notice, either at the time when the impugned resolution was passed or when a copy of the resolution was served on him.

3. The resolution passed at the meeting of th

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