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october 1952

Supreme Court of India · 1952-10-20

SHRIMATI HIRA DEVI AND OTHERS vs DISTRICT BOARD, SHAHJAHANPUR

Citation / case number
SC 1951/44
Court
Supreme Court of India
Petitioner
SHRIMATI HIRA DEVI AND OTHERS
Respondent
DISTRICT BOARD, SHAHJAHANPUR
Bench
BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court held that under Section 71 of the U.P. District Boards Act, 1922, a resolution for the dismissal of a secretary does not take effect until one month has passed or the State Government has decided on any appeal. The Court ruled that the suspension of the secretary pending appeal was ultra vires as Section 90 permits suspension only as punishment or pending inquiry. The Court emphasized that the powers of dismissal and suspension are strictly defined by the Act, and general powers under the law of master and servant cannot be invoked.

SHRIMATI HIRA DEVI AND OTHERS vs DISTRICT BOARD, SHAHJAHANPUR · Niyam