2001 (7) TMI 1276 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the removal of the appellant from the post of President of Rajpura Municipal Council u/s 22 of the Punjab Municipal Act, 1911.
2. Alleged abuse of power by the appellant.
3. Compliance with principles of natural justice.

Summary:

1. Validity of Removal u/s 22 of the Punjab Municipal Act, 1911:
The appellant, elected as President of Rajpura Municipal Council in April 1998, was served a notice on 19.8.1998 by the Principal Secretary, Department of Local Government, State of Punjab, proposing his removal from the post of President and member of the Municipal Council. The notice cited three charges, with only the third charge being substantiated. The High Court dismissed the appellant's writ petition challenging the removal, leading to this appeal.

2. Alleged Abuse of Power:
The third charge against the appellant involved instructing the Executive Officer not to make payment for a fogging machine, allegedly obstructing the Municipal Council's functioning. The appellant contended that the machine had defects and was returned to the supplier on the Municipal Council's advice. The Principal Secretary's order dated 1.10.1999 found the appellant guilty of abuse of power, stating that the appellant kept the cheque for the machine in his custody for over two months, leading to delayed payment.

3. Compliance with Principles of Natural Justice:
The Supreme Court emphasized that removal from office is a serious matter, requiring clear grounds u/s 22 of the Act. The term "abuse of powers" implies willful abuse or intentional wrong, not merely an erroneous decision. The Court found that the show cause notice did not communicate the precise charge of abuse of power, and the impugned order was based on subsequent events not mentioned in the notice. The appellant's actions, even if erroneous, did not constitute abuse of power. The Court held that the principles of natural justice were violated, as the appellant was not given an opportunity to respond to the actual grounds for removal.

Conclusion:
The Supreme Court allowed the appeal, set aside the High Court's judgment, and quashed the order dated 1.10.1999 removing the appellant from the Presidentship of the Municipal Council, Rajpura. The appellant was reinstated with costs of Rs. 10,000/- awarded against the State of Punjab.