SHRIMATI HIRA DEVI AND OTHERS versus DISTRICT BOARD, SHAHJAHANPUR
The District Board, created by statute, possesses only the powers of dismissal and suspension codified in Sections 71 and 90 of the U.P. District Boards Act, 1922. Suspension pending appeal after a dismissal resolution is not provided for, and the Board's suspension resolution passed after the dismissal was ultra vires its statutory powers.
- Parties
- Appellants: Shrimati Hira Devi and Others; Respondent: District Board, Shahjahanpur
- Jurisdiction
- India
- Judgment Date
- 20 October 1952
- Procedural Posture
- Civil Appeal / Supreme Court Final Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Statutory Dismissal and Suspension, Ultra Vires Resolutions, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Shrimati Hira Devi and Others
Appellants
District Board, Shahjahanpur
Respondent
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Legal Issues
- 1 Whether the District Board could suspend its secretary after passing a resolution for dismissal under Section 71 of the U.P. District Boards Act, 1922
- 2 Validity of a suspension resolution pending appeal after dismissal
Ratio Decidendi
The District Board, created by statute, possesses only the powers of dismissal and suspension codified in Sections 71 and 90 of the U.P. District Boards Act, 1922. Suspension pending appeal after a dismissal resolution is not provided for, and the Board's suspension resolution passed after the dismissal was ultra vires its statutory powers.
Court Disposition
Appeal allowed
Orders
- The decree of the trial court is restored.
- Each party shall bear its own costs for this appeal.
Full Case Text
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