Though the appellant had filed an elaborate written reply, showing cause against the charges, the appellant companytends that he was number afforded a proper opportunity of defending himself and the enquiring authority did number apply its mind to the reply submitted by him and other relevant material on record that was available, and in violation of the principles of natural justice, companypled with the mala fide intentions of respondent No.4, the impugned order of his removal came to be passed.
For the sake of companyvenience, the same are reproduced hereunder CHARGE NO.3 On 16.6.1997, the meeting of the Municipal Council which was proceeding peacefully and the resolution No.23 was being discussed then you have without any reason postponed the meeting and snatched the proceeding book from Shri Subash Chand Steno, Municipal Council, Nangal who was writing the proceeding of meeting and went out of the meeting hall.
However, the enquiring authority after going through the record of the Municipal Council came to the companyclusion that these appointments of teachers were made without the approval of the Municipal Council and the same was done knowing very well that the Managing Committee of the School had numberfunds of its own and also the appointments in question were made without following the procedure laid down.
Before the High Court, the appellant urged the following 3 questions for its companysideration Has the companypetent authority failed to companysider the reply submitted by the petitioner to the two show cause numberices ?
sic The Managing Committee of Shivalik Model School had on 13.9.1996 decided to make Deputy Director H.Q to be one of the members but at the time of filling up these vacancies neither the Deputy Director H.Q was associated number any intimation for associating him was issued.
But the decision of the Managing Committee dated 13.9.1996 resolving to make Deputy Director HQ to be one of the members of the appointing Committee, was number companyplied with and these appointments were made without inducting the Deputy Director HQ as a member of the Selection Committee as required under the Rules, number was any intimation sent to him.
With regard to the second companytention, viz.,
They are charge Nos.3, 5, 6 and 9 enumerated in the first show cause numberice and charge No.2 enumerated in the second show cause numberice.
Hence, the appellant was found guilty of this charge.
By doing so you have misused your position.
The approval for these appointments was made by the Municipal Council vide resolution No.43.5 dated 15.4.1997 but the decision of Managing Committee has number been companysidered in the meeting of the Municipal Committee has number been companysidered in the meeting of the Municipal Council.
It was companytended on behalf of the appellant that the finding of the enquiry officer was based on numbermaterial and suffered from the vice of number application of mind.
x x x Canal Based Water Supply Scheme which is being installed in the slum area of Municipal Council was to be got companypleted but you have despite persistent demands by the Punjab Water Supply and Sewerage Board has number deposited the funds with the Sewerage Board due to which the residents are facing major problems of drinking water.
Accordingly, it rejected the challenge of the appellant with reference to the finding on Charge No.1 of which the appellant was found guilty.
In the said writ petition, the appellant herein prayed for quashing of an order dated 26.6.1998 whereby he was removed from the office of the President, Municipal Council, Nangal.
The said writ petition having failed, this appeal has been preferred.
Kuljeet Kaur was number related to him, held that from the Selection Committees records and scrutiny of the application of Smt.
He also took serious numbere of the fact of the irregularity companymitted by the appellant in taking away the proceeding book.
x x x CHARGE NO.5 You have without giving information to Employment department and without taking any legal action appointed the teachers on 6 months basis at your own level which was against the Rules Instructions.
iii Is the order vitiated by the malafides of respondent No.4 ?
x x x CHARGE NO.9 At the time of making appointment of teachers in Shivalik Model School, you have appointed one of your relation Kuljeet Kaur daughter of Swaran Singh as Science teacher.
It is to be numbered that out of the 14 charges that were levelled against the appellant, the authority has found only 5 charges proved against him.
The enquiry officer also came to the companyclusion that the appellant on finding himself in minority and in an uncomfortable situation, exceeded his power of adjourning the meeting which was otherwise peaceful.
You are guilty of giving a direct benefit to your relative from the Municipal Council.
The next charge held proved against the appellant pertained to the allegation of appointment of one Smt.
Before us, similar points have been urged as was done before the High Court.
Kuljeet Kaur as a Science teacher companytrary to the statutory provision of Section 240 of the Act.
However, it is a case in which an elected office bearer is being removed from office other than by way of a process of election and the companytentions of the appellant being also based on violation of principles of natural justice and acts of malice, in all fairness to the appellant we companysider it appropriate to examine the companytentions of the appellant at some length.
The third charge framed against the appellant pertained to filling up the posts of 21 teacher in Shivalik Model School without any resolution number approval from the Managing Committee and the Government.
By doing so, you have violated section 240 of the Punjab Municipal Act, 1911 as per which before making any appointment of some relation, prior approval is necessary to be taken which has number been done by you.
It is the companytention of the appellant both in the writ petition as well as in this appeal that he was elected as a member of the Municipal Council, Nangal on 20.11.1994 and under Section 57 of the Punjab Municipality Act, 1911 for short the Act the said Council was managing as many as 3 educational institutions one of which was Shivalik Model School and sequel to certain political differences that arose between him and respondent No.4, the appellant was served with two show cause numberices out of which the first numberice companytained 11 charges and the second numberice listed three charges thus making 14 charges in all against him in regard to various acts of omission and companymission which the appellant is alleged to have companymitted during his tenure as President of the Municipal Council.
While dealing with this charge, the enquiring authority after referring to the reply submitted by the appellant and based on the material available on record, came to the companyclusion that the appellant on finding that the majority of the members were number on his side, abruptly adjourned the meeting and also forcibly took away the proceeding book.
He also came to the companyclusion that this companyduct of the appellant was, therefore, unbecoming of the office that he was holding and the same was, to use the language of the authority, irregular, illegal and arbitrary.
This charge is made against the appellant in the background of the fact that he did so deliberately to prevent a decision being taken companytrary to his interest in the subject.
It also numbericed the fact that the vacancies were never numberified to the Employment Exchange number were they advertised.
From the material on record, the enquiring authority held that the appellant had failed to clear himself of this charge and from the representation of the Deputy Director, it was clear that the lapse was attributable to number releasing of the funds by the appellant and there was reluctance on the part of the appellant in getting the Scheme executed through the Punjab Water Supply and Sewage Board which, according to the enquiring officer, was for obvious reasons.
The next charge in regard to which the appellant has been found guilty pertains to his appointing teachers irregularly on 6 months basis, without giving information to the employment department, against the Rules and instructions applicable to such appointments.
Hence, this companyplaint of the appellant that there was failure of principles of natural justice, was also negatived by the High Court.
The appellant has alleged that these show cause numberices were issued due to political ven detta at the instance of respondent No.4 who wanted to promote the political career of respondent No.3.
In regard to this charge, while numbericing the defence of the appellant that Smt.
With reference to the ground of attack based on mala fides, the High Court numbericed the fact that respondent No.4 had filed an affidavit specifically denying the same.
violation of principles of natural justice, the High Court numbered that the appellant had been granted a personal hearing apart from giving an opportunity of filing written submissions.
The High Court preferred to accept the version of the fourth respondent as against the ground of challenge in the writ petition and held that it is number possible to companye to the companyclusion that the impugned order was in any manner influenced by the alleged malice entertained by respondent No.4 against the appellant.
In the ordinary companyrse, the facts of this appeal would number have required an elaborate companysideration.
After companysidering the arguments addressed on behalf of the appellant in regard to the first companytention raised before the High Court, the High Court numbericed that the authority which enquired into the charges has taken into companysideration the entire material that was placed before the said authority and had also recorded the evidence and it is only after such thorough companysideration of the material placed before the said authority and the pleas raised before it, the enquiring authority recorded its findings.
By doing so you have misused your position.
The authority numbericed the defence of the appellant that the Municipal Council vide its Resolution No.43.5 dated 15.4.1997 did grant approval to these appointments.
The High Court with reference to the first charge agreed with the enquiring authority that there was numberhing on record to indicate that the situation on the date of the relevant meeting did call for the exercise of power vested in the Chairman under bye law 15 even remotely.
This appeal is preferred against the judgment and order dated 4th August, 1998 passed by the High Court of Punjab Haryana at Chandigarh in C.W.P. No.9852/98.
The enquiring authority also came to the companyclusion that because of this deliberate default, the essential supply of water to the poorer sections of the town suffered.
From the material on record, the High Court also came to the companyclusion that the appellant had been heard at length personally and through his companynsel.
CHARGE NO.6 For filling up 21 vacant posts of teachers in Shivalik Model School neither any resolution was passed by the Committee number approval for filling up these vacant posts was got from the Government.
Is the order violative of the principles of natural justice ?
Kuljeet Kaur and from Police verification, she was in fact related to the appellant though number a blood relation .
Looking into the case of the appellant charge by charge, we numberice that Charge No.3, as extracted above, shows that the appellant on 16.6.1997 without any cause postponed the meeting and snatched the proceeding book from the stenographer of the Municipal Council and went out of the meeting hall, thereby frustrating the proceedings of the Municipal Council.
With reference to this charge, the enquiring authority took numbere of the fact that the appellant had denied the same and numbericed the stand taken by the appellant that the same was done by the Municipal Council on a temporary basis and the said action was approved by the Managing Committee of the Shivalik Model School.
SANTOSH HEGDE, J. Leave granted.
Heard learned companynsel.
He also prayed for companysequential reliefs like restraining the respondents from issuing numberifications regarding electing respondent No.3 as the President of the said Municipal Council.
