RAM PIARA Vs. MUNICIPAL COMMITTEE HOSHIARPUR
HIGH COURT OF PUNJAB AND HARYANA
MUNICIPAL COMMITTEE, HOSHIARPUR
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(1.) This petition raises the question whether the power of removal conferred on the Provincial Government by Section 41, Punjab Municipal Act, can be exercised in respect of an officer or servant of a Municipal Committee without affording such officer or servant an opportunity of being heard. Section 41 is in the following terms :
"41. If in the opinion of the Provincial Government any officer or servant ***** is unfit for his employment the Committee shall dismiss him."
(2.) Shri Ram Piara petitioner entered the service of the Municipal Committee of Hoshiarpur Jn the year 1928 and rose gradually to the post of a Head Clerk.
(3.) On 26-2-1953 the Punjab Government addressed a communication to the Commissioner, Jullun-dur Division, which was in the following terms :
"Subject : Participation of Dr. Shiv Charan Das Sud, Municipal Medical Officer of Health and B. Ram Piara in R. S. S. and anti-Govern ment activities. 1. * * * * * * 2. Government have decided that the Municipal Committee, Hoshiarpur, should be directed that, unless there is any agreement of employment to the contrary, the services of Dr. Shiv Charan Das Sud part-time Medical Officer of Health and Shr! Ram Piara Head Clerk should be dispensed with under Section 45, Punjab Municipal Act, 1911, after giving one month's notice or one month's pay in lieu thereof; without assigning any cause. The action taken by the Committee may be intimated to Government at a very early date. 3. *****';
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