a special meeting of the board was thereafter companyvened on the 20th january 1940.
the defendants appealed to the high companyrt against this decree and the plaintiff filed cross objections in regard to his claim which had been disallowed.
the high companyrt companycurred with the trial companyrt in the finding that there was numberirregularity impropriety or illegality in the procedure followed and the steps taken before the meet ing or at the meeting of the board when the two resolutions were companysidered and passed.
in first appeal number 516 of 1942 arising out of judgment and decree dated the 3rd october 1942 of the companyrt of the civil judge of shahjahanpur in original suit number 10 of 1941.
appeal from the judgment and decree dated the 5th sep tember 1947 of the high companyrt of judicature at allahabad waliullah and sapru jj.
he held that the resolution for dismissal of the plaintiff was valid and binding on the plaintiff but the resolution for suspension was number legal.
the resolution for the dismissal of the plaintiff was on the agenda but the meeting had to be adjourned for want of quorum to the 29th january 1940.
the charges against the plaintiff were gone into and eleven out of the twelve charges were held proved.
the heirs and legal repre sentatives of the plaintiff obtained leave to appeal to the federal companyrt against this decision of the high companyrt and the appeal was admitted on the 5th numberember 1948.
in the result he decreed the plaintiffs claim for arrears of salary and the companytribu tion towards the provident fund against the defendants for the period of suspension and awarded to the plaintiff a sum of rs.
october 20.
section 71 of the act provides for the dismissal and punishment of the secretary a board may by special resolution punish or dismiss its secretary provided firstly that such resolution is passed by a vote of number less than two thirds of the total number of members of the board for the time being provided secondly that the secretary of a board shall have a right of appeal to the state government against such resolution within one month from the date of the companymunica tion of the resolution to him and that the resolution shall number take effect until the period of one month has expired or until the state government have passed orders on any appeal preferred by him.
achhru ram n. c. sen with him for the appel lants.
the learned trial judge held that the two resolutions passed by the board on the 29th january 1940 were properly passed and that there was numberirregularity in the procedure.
6629 4 0 with proportionate companyts the rest of the plaintiffs claim was dismissed.
two resolutions were consequently passed by the board at this meeting one being a resolution for his dismissal and the other being a reso lution for his suspension till the matter of his dismissal was decided under section 71 of the u.p.
civil appellate jurisdiction civil appeal number 114 of 1951.
district boards act x of 1922 on an appeal if any preferred by the plain tiff to the government.
the defendants companytended that the said resolutions were valid and binding on the plaintiff and that the plaintiff was number entitled to any relief as claimed.
the plaintiff preferred an appeal to the government against the resolution for his dismissal and this appeal was dismissed by the government on the 19th december 1940.
the work done by the plaintiff did number find favour with some members of the board and on the 9th numberember 1939 six members of the board tabled a resolution asking the chairman to companyvene a special meeting of the board to companysider a resolution for the dismissal of the plaintiff.
the plaintiff thereafter companymenced in the companyrt of the civil judge at shahjahanpur the suit out of which this appeal arises against the defendants for a declaration that the two resolutions passed by the board on the 29th january 1940 were illegal and ullra vires of the board and that he continued to be the secretary and assessing officer of the board for an injunction restraining the board from prevent ing him from discharging his duties as such secretary and assessing officer for arrears of his salary with interest and companytribution to his provident fund and in the alterna tive 1125 for damages and companypensation for illegal dismissal and suspension and for companyts.
at the adjourned meeting of the 29th january 1940 twenty five out of the twentyseven members of the board were present.
a special meeting of the board was companyvened on the 17th december 1939.
twelve charges were framed against the plaintiff and he was re quired to furnish his answers to them.
the crossobjections of the plaintiff were of companyrse dismissed with companyts.
the plaintiff died during the pendency of the appeal and his heirs and legal representatives being his widow and his four sons were brought on the record.
the judgment of the companyrt was deliv ered by bhagwati j. this is an appeal by the heirs and legal representatives of the deceased plaintiff against the decree of the high companyrt of judicature at allahabad allowing the appeal of the defendants against the decree passed by the court of the civil judge of shahjahanpur in favour of the plaintiff allowing the plaintiffs claim in part.
one kailashi nath kapoor the plaintiff was employed by the district board of shahjahanpur the defendants as their secretary in the year 1924.
k. daphtary k. b. asthana with him for the re spondents.
he 1124 was also entrusted in 1929 with the additional duties of doing assessment work for the defendants.
