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1966 Supreme(All) 317

W. BROOME
Shujaat Ullah Khan – Appellant
Versus
State of U. P – Respondent


JUDGMENT

W. Broome, J. - This writ petition, filed by Shujaat Ullah Khan, Executive Officer of the Bareilly Municipal Board, challenges an order passed by the State Government on 17-2-61 under Sec. 34 (1-B) of the Municipalities Act prohibiting the execution of a resolution passed by the Board on 28-11-59 exonerating the petitioner from certain charges that had earlier been framed against him. Those charges, it appears, had been enquired into by Sri L. D. Singhal, acting President of the Board, who passed orders on 20-11-59, recommending that the Executive Officer be exonerated from the charges and directing that his findings be laid before the Board. A meeting of the Board was accordingly called for 28-11-59, which was attended by 29 out of the 50 members of the Board, and a resolution was unanimously passed accepting Sri Singhals recommendations for the exoneration of the petitioner. But when the matter came up before the Government for consideration, the Government felt that the dropping of the disciplinary proceedings against the petitioner was not justified and proceeded to pass an order under Sec. 34 (1-B) quashing the Board's resolution, on the ground that it was illegal, not

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