A. P. Srivastava, J. - (1.) This is an appeal against a decision of Mr. Justice Mehrotra dated the 20th September 1957 allowing a petition filed by the respondent under Article 226 of the Constitution.
(2.) The respondent was elected a member of the Municipal Board Bhadohi in the district of Varanasi in the year 1953. In 1955 he was elected as the Senior Vice-President of the Board. In that capacity he performed the duties of the President whenever it became necessary. On the 12th January 1957 at the instance of the State Government the Commissioner of the Banaras Division served a notice upon him under sub-Sec. (3) of Section 40 of the U. P. Municipalities Act calling upon him to show cause why he should not be removed from the membership of the Board on the ground that he had flagrantly abused his powers as a member while acting as President of the Board. A charge-sheet containing the following charges accompanied the notice:- "He has so flagrantly abused his position while acting as President of the Municipal Board, Bhadohi, as to render his continuance as a member detrimental to the public interest, instances whereof are as follows:- (1) That he, while acting as President, granted permission to Sri Shitla Prasad to construct an enclosure completely blocking the public thoroughfare. This was an encroachment and the previous approval of the Executive Engineer, was not obtained as the site is located within a radius of 220 yards of the Provincial Road. (2) That he, while acting as President, ordered demolition of the house of Sri Dhantal Gareria residing within limits of the Bhadohi Municipality though he had obtained the permission of the Board for the construction of the said house."
(3.) The respondent submitted his explanation on the 4th May 1957 and disputed the allegations made against him. In his explanation he also made a grievance of the fact that as the necessary file had not been supplied to him he was not in a position to give a detailed reply to the charges. The Government considered his reply and by an order dated the 5th August 1957 directed the respondents removal from the membership of the Board. Aggrieved with that order the respondent filed the writ petition out of which this appeal has arisen and prayed for the quashing of the order of removal and the proceedings in which it had resulted.;