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    <title>1969 (3) TMI 85 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=174762</link>
    <description>The statutory power under section 95(1)(g) of the U.P. Panchayat Rai Act, 1947 was punitive and extended only to suspension or removal when statutory conditions were met. It did not include any implied authority to place an elected Pradhan under suspension pending enquiry, because the Pradhan was not a Government servant and no express provision authorised such action. The law on master and servant suspension was inapplicable, and incidental powers could not be implied merely for convenience; they had to be absolutely essential to effective exercise of the express power. The suspension order was therefore without authority of law and the appeal failed.</description>
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    <pubDate>Mon, 31 Mar 1969 00:00:00 +0530</pubDate>
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      <title>1969 (3) TMI 85 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=174762</link>
      <description>The statutory power under section 95(1)(g) of the U.P. Panchayat Rai Act, 1947 was punitive and extended only to suspension or removal when statutory conditions were met. It did not include any implied authority to place an elected Pradhan under suspension pending enquiry, because the Pradhan was not a Government servant and no express provision authorised such action. The law on master and servant suspension was inapplicable, and incidental powers could not be implied merely for convenience; they had to be absolutely essential to effective exercise of the express power. The suspension order was therefore without authority of law and the appeal failed.</description>
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      <pubDate>Mon, 31 Mar 1969 00:00:00 +0530</pubDate>
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