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february 1967

Supreme Court of India · 1967-02-24

STATE OF ASSAM & ANR. vs GAUHATI MUNICIPAL, BOARD

Citation / case number
SC 1966/60206
Court
Supreme Court of India
Petitioner
STATE OF ASSAM & ANR.
Respondent
GAUHATI MUNICIPAL, BOARD
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the State Government's notification superseding the Municipal Board under Section 298 of the Assam Municipal Act (15 of 1957) did not violate the principles of natural justice, as the Board was given an opportunity to explain its position before the order was passed. The Court found that the charges in the notification were substantially the same as those in the initial notice, and the indication of a tentative conclusion did not amount to pre-judging the issue. The High Court's reliance on Article 311 was deemed inappropriate, affirming the validity of the State's actions under Section 298.

STATE OF ASSAM & ANR. vs GAUHATI MUNICIPAL, BOARD · Niyam