- (1.) YATINDRA Singh, J. The only question involved in this writ petition is whether Section 77b (5) of the Municipalities Act would apply when an employee belonging to the centralised service is suspended. Facts and Parties' Submissions
(2.) THE petitioner is the Executive Officer of Nagar Panchayat, Jhunsi, Allahabad (the Nagar Panchayat ). THE Nagar Panchayals are now governed by U. P. Municipalities Act, 1916 (the Act ). He was suspended by the Director Local Bodies, Directorate U. P. He has filed the present writ petition challenging it on the ground that there is no special resolution supported by two third members constituting the Board as required by Section 77b (5) of the Act. Ave heard Sri V. B. L. Srivastava, counsel for the petitioners, standing counsel and Sri S. D. Kautilya counsel for the respondent No. 4. They hAve slated that they don't wish to file any counter affidavit and this writ petition may be decided finally at this stage. According to the respondents, petitioner is member of centralised services and his services arc governed by U. P. Palika Centralised Services Rules, 1966 (the Rules) and Section 77b of the Act does not apply to him. Decision
(3.) SECTION 77b1 of the Act provides for suspension of an employee of a municipal board. Its sub-section (1) provides that the authority competent to punish an officer and servant of a board may suspend him. Its sub-section (5) provides that the board shall act under this SECTION (78b) by special Resolution supported by not less than two third members constituting the board. Section 69-B1 of the Act provides for centralisation of services of Municipal Officers and Servants. This can be done 1. The relevant part of paragraph 77b (5) are as follows: Section 77b. Power of suspension, - (1) The authority competent to punish an officer or servant of the hoard may place him under suspension: (a) Where a disciplinary proceedings against him is contemplated or pending, or (b) Where a criminal case against him in respect of an offence involving moral turpitude is under investigation, enquiry or trial. (5) A board shall act under this section by a special resolution supported by not less than two thirds of the members constituting the board. despite Sections 57, 59, , 65 to 69a, 71, 74 and 80 of the Act. These sections more or less empower the municipal boards (including Nagar Panchayats) to make appointments and to take disciplinary action against their employees.;