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PETITIONER: SHRIMATI HIRA DEVI AND OTHERS
Vs.
RESPONDENT: DISTRICT BOARD, SHAHJAHANPUR
DATE OF JUDGMENT: 20/10/1952
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. MAHAJAN, MEHR CHAND AIYAR, N. CHANDRASEKHARA
CITATION: 1952 AIR 362 1952 SCR 1122 CITATOR INFO : R 1959 SC 480 (6) RF 1970 SC 140 (6) R 1972 SC2284 (19) R 1992 SC 96 (14)
ACT: U.P. District Boards Act (X of 1922), ss. 71, 90--Disrict Board--Dismissal of secretary--Resolutions for dismissal, and suspension pending decision of appeal to Govern- ment--Validity of suspension.
HEADNOTE: Section 71 of the U.P. District Boards Act, 1922, as amended in 1933 provided that a resolution of the Board for the dismissal of its secretary shall not take effect until the period of one month has expired or until the State Government have passed orders on any appeal preferred by him. A District Board passed a resolution for dismissal of its secretary and also for his suspension till the matter of his dismissal was decided under section 71 of the Act on an appeal if any preferred by the secretary: Held, that under section 90 of the Act a secretary could be suspended only as a punishment or pending inquiry or 1123 pending the orders of any authority whose sanction is neces- sary for his dismissal. The words "pending the orders of any authority whose sanc...