AIR 1981 SUPREME COURT 136 ::1980 (4) SCC 379 ::(1981) 1 SCR 746 (SC) ::1981 (1) SCJ 312 ::(1980) ILR SC 237 ::ILR 1980 Him Pra 237

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): R. S. Sarkaria, O. Chinnappa Reddy, A. P. Sen , JJJ

(A) Punjab Municipal Act (3 of 1911) , S.238(1)— Supersession of Municipal Committee - Opportunity should be given to Committee before an order is passed. Constitution of India , Art.226— Natural justice. @page-SC137 Section 238 (1) of the Punjab Municipal Act contemplates and requires that an opportunity should be given to the Committee before an order of supersession is passed.(Para 9) The status and office and the rights and responsibilities and the expectation of the Committee to serve its full term of office certainly creates sufficient interest in the Municipal Committee and their loss, if superseded, entail civil consequences so as to justify an insistence upon the observance of the principles of natural justice before an order of supersession is passed.(Para 9) Merely because an opportunity is expressly provided in S. 16 of the Act which deals with disqualification of an individual member and not so provided in S. 238 (1) it cannot be inferred that the principle audi alteram partem was excluded from S. 238 (1).(Para 10) The requirements of natural justice are met only if opportunity to represent is given in view of proposed action. The demands of nature justice are not met even if the very person proceeded against has furnished the ....