- (1.) The Municipal Committee, Batala (respondent No. 3) vide resolution No. 493, dated February 28, 1975 (Annexure P-8) approved the conditions proposed by the office for the auction of manure for the year 1975-76 and further authorised the President to accept the last bid. The manure was put to auction on March 14, 1975, by the Executive Officer of the Municipal Committee. The bids were offered by various persons. The highest bid was that of Madan Lal for Rs. 37,000/-. The Executive Officer recommended that the highest bid of Madan Lal be accepted which was reasonable. The bid-sheet (annexure P-9) on which were recorded the names of the bidders was signed by the Medical Officer of Health, the Secretary of the Municipal Committee as also by the Executive Officer on the same date, besides the Assistant who did the writing work. Panna Lal Nayyar petitioner being the then President of the Municipal Committee recorded the following note on the bid list :- "Bid accepted as per recommendations of the office and be sent to the meeting to be held on March 19, 1975. (Sd/-) President 14.3.1975
(2.) On March 31, 1975, resolution No. 555 relating to the auction of manure conducted on March 14, 1975, was considered and carried. One Mohan Lal, Member of the Municipal Committee raised an objection which was overruled. A copy of resolution No. 555, dated March 31, 1975 is Annexure P-10. Panna Lal Nayyar petitioner was detained during the emergency. On October 24, 1975, when he was under detention he was sent a show-cause notice (Annexure P-1) which reads as under :- Subject : Show-cause Notice. The auction for the contract of manure belonging to Municipal Committee, Batala, for the year 1975-76 was held under your supervision on March 14, 1975 at about 11.30 a.m. The highest bid was that of Shri Sat Pal son of Jalal for Rs. 36,725/-. First you required of Shri Sat Pal aforesaid to deposit 1/4th of the bid money but subsequently returned this amount to him stating that the auction will be held sometime else. Thereafter you went to your office room along with one Shri Madan Lal a contractor of Amritsar. Shri Sat Pal remained at the spot till 5.00 p.m. suspecting that you may not give the contract to Shri Madan Lal. On March 31, 1975, Shri Sat Pal came to know that the contract had been given to Shri Madan Lal for Rs. 37,000/-. On March 14, 1975, you accepted the bid of Shri Madan Lal in the sum of Rs. 37,000/-. Under the provisions of the Punjab Municipal Act it was only for the Committee to accept the bid and not for you. Further you had no authority in law to give the contract to Shri Madan Lal without auction.
(3.) I am, therefore, directed to call upon you under proviso to Sections 22 and 16(1) ibid to show-cause why you should not be removed from the office of President and from the membership of the Municipal Committee, Batala. You should tender your explanation with copy (copies) of the documents in support, if any, to the Secretary to Government Punjab, Local Government Department as to reach him within a period of twenty-one days from the date of despatch of this letter. In case, no explanation is received within the stipulated period it will be considered that you have none to offer and Government may proceed to consider further action in the matter." The petitioner requested the Government for the facility of examination of the relevant record to submit his explanation to the show-cause notice. He was shown some record in the Central Jail at Patiala. He then submitted his explanation dated February 13, 1976, (Annexure P-7) wherein he pointed out that his request for inspection and supply of relevant documents has not been effectively met. He further denied having committed any illegality or irregularity in the conduct of auction of manure for the year 1975-76. He asserted that every thing had been done according to law and bona fide.;