Saiyed Haider Abbas Raza, J. - (1.) THIS writ petition has been filed against the order dated 20.5.92, passed by the District Magistrate, Pratapgarh, removing the petitioner, who at the relevant time was the Chairman of Town Area Committee, Patti, District Pratapgarh on the ground of making irregular appointments, financial irregularities and misappropriation of the Government Fund. The thrust of the petitioner's counsel to assail the order passed against him is three fold. Firstly, that the State Government has not given any opportunity to the petitioner to submit his explanation on the charges against him before confirming the order of removal passed by the District Magistrate. Secondly, that the petitioner was not served with a copy of the order dated 18.5.1992 passed by the State Government confirming the order of removal and 3rdly that the order passed by the District Magistrate suffers from non -application of mind inasmuch as it has not indicated any reason for arriving at a conclusion that the petitioner was guilty of making irregular appointments, financial irregularities and misappropriation of the Government Funds. Section 7 -A of the Town Area Committee Act reads as under: - - 7(A). Removal of a Chairman or a member of a Committee: - -The prescribed authority or where an authority has not been prescribed, the District Magistrate, may remove a Chairman or any member of the Committee who, in its or his opinion - - (a) has been guilty of gross misconduct or failure in the discharge of his duties, or (b) has failed to pay for a period of more than one year any tax or other dues payable by him to the Committee, or (c) has become disqualified for being a member under Section 6 -K: Provided firstly, that before making an order removing the Chairman or the member, as the case may be, he shall be allowed an opportunity to submit his explanation on the charges or charge against him: Provided, secondly, that no order for removal shall take effect unless it is confirmed by the State Government. (1 -A) The State Government may on the recommendation of the prescribed authority referred to in sub -section (1) or the District Magistrate, as the case may be, place under suspension a Chairman or member against whom action has been commenced under Sub -section (1) and, where the Chairman or the member has been so suspended, he shall not, for so long as the order of suspension is in force, be entitled: (a) to exercise the powers or perform the duties imposed upon him by or under this Act or any other enactment for the time being in force, and (b) to take part in any proceedings of the Committee. (c) A member or Chairman removed under this section shall not be eligible for further election or nomination as a member or Chairman for period of four years from the date of his removal.
(2.) A perusal of the first proviso to Section 7 -A of the aforesaid Act indicates that before making an order removing the Chairman or the member, as the case may be, he shall be allowed an opportunity to submit his explanation on the charges or charge against him. In view of the aforesaid provision, it cannot be said that the aforesaid provision does not contain opportunity of hearing before the District Magistrate. The principle of audi -alteram -partem is inherent in the aforesaid provision. It is in those cases where substantive right of a person is affected and no opportunity to show cause against the proposed action is contemplated, the Rule of audi -alteram -partem can be imported by the Courts. In views of the fact that audi -alteram -partem Rule is imported in the first proviso to that Section, it cannot be said that the order suffers from denial of principle of natural justice.
(3.) AS far as the contention of learned counsel for the petitioner that the State Government before passing the confirmation order must give a second opportunity of hearing before passing a reasoned order is concerned, which is not contemplated under the second proviso to Section 7 -A, the Court cannot import the Rule of audi -alteram -partem into the second proviso which was never intended by the legislature.;