- (1.) IN this writ petition, the petitioner, who was a member of the West Bengal Higher Judicial Service and was appointed Chairman of the Municipal Building Tribunal, Kolkata Municipal Corporation, by notification dated 25th November, 2002 for a period of two years with effect from 1st November, 2002 to 31st October, 2004, has challenged the notification dated 27th June, 2003, issued under sub-section (6) of section 415 of the Kolkata Municipal Corporation Act, 1980, whereby his services were withdrawn with effect from 30th June, 2003 until further orders.
(2.) THE impugned notification has been challenged on the ground that as under sub-section (6) of section 415 of the Act, Chairman or a member appointed under the said section cannot be removed except for incompetence, misconduct or any other good or sufficient reason and as in the instant case neither reason was assigned nor any enquiry was made, the impugned notification dated 27th June, 2003 is illegal. None appears on behalf of the petitioner when the matter is taken up for hearing. 2 In order to adjudicate the dispute it is necessary to refer to section 415(6) of the Act which is as under:- "415. Municipal Building Tribunal.- (6) The State Government may, if it thinks fit, remove for incompetence or misconduct or any other good or sufficient reasons the Chairman or a member appointed under this section." In this context it is appropriate to refer to the impugned notification dated 27th June, 2003 which is quoted below: "In exercise of the power conferred by sub-section (6) of section 415 of the Kolkata Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980), the Governor is pleased hereby to withdraw the services of Shri S. N. Maity, W.B.H.J.S (Retd.) as Chairman, Municipal Building Tribunal, Kolkata Municipal Corporation with effect from 30th June, 2003 (A.N.) and until further orders. ................................. Jt. Secy. to the Govt. of West Bengal." I find that the services of the petitioner was withdrawn with effect from 30th June, 2003 without assigning any reason. Though, as noted, section 415(6) of the Act stipulates that the State Government may, if it thinks fit, can remove the Chairman or a member for incompetence or misconduct or any other good or sufficient reasons, in the instant case, as evident from the notification under challenge, no reason was cited by the State for withdrawal of services of the writ petitioner. Though section 415(6) speaks of removal of the Chairman or member on any of the grounds mentioned therein and though in the 3 instant case the services of the petitioner was withdrawn, in my view, the notification under challenge is in effect an order of removal. Therefore, in my view, such abrupt withdrawal of services is nothing but removal of the petitioner from service which is uncalled for, arbitrary, without jurisdiction and illegal since under the statute, once appointed, a Chairman or a member cannot be removed save and except on the grounds as postulated in section 415 (6).
(3.) THE said notification is thus derogatory in nature as it undermines the dignity and status of the Tribunal, set up under the Act, and the Chairman and members appointed thereunder. Hence, the impugned notification dated 27th June, 2003 is set aside and quashed. Accordingly, the notification dated 1st August, 2003 withdrawing the car provided to the Chairman is also set aside and quashed. The writ petition is allowed. No order as to costs.;