Removal of President--Transfer and posting of some of employees of Council from one place to another would not amount to abuse of power and further whether postponement of date of receiving of tenders would amount to abuse of power without causing any financial burden or loss on Council.

2010(3) LAW HERALD (P&H) 2060
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Alok Singh
C.W.P. No. 6793 of 2010
Rajinder Singh Rana
v.
State of Punjab & Ors.
{Decided on 28/06/2010}
For the Petitioner: Mr. K.S. Sidhu, Sr. Advocate with Mr. S.C. Pathela, Advocate.
For the Respondent: Mr. Satish Bhanot, Addl. A.G. Punjab for the respondent-State
For the Respondent No.2: Mr. Salil Sagar, Sr. Advocate with Mr. Samarth Sagar, Advocate.
For the Respondent No.3: Mr. Kanwaljit Singh, Sr. Advocate with Mr. H.S. Sethi, Advocate.
IMPORTANT POINT
Removal of President--Transfer and posting of some of employees of Council from one place to another would not amount to abuse of power and further whether postponement of date of receiving of tenders would amount to abuse of power without causing any financial burden or loss on Council.
(A) Punjab Municipal Act, 1911, S.22--Removal of President or Vice President--Govt. can remove President or Vice-President if-
i) Govt. finds that President/Vice President has abused his power or
ii) he guilty of habitual failure to perform his duty or
iii) 2/3rd members of committee have resolved to remove him. (Para 5)
(B) Punjab Municipal Act, 1911, S.22--Removal of President--Whether transfer and posting of some of employees of Council from one place to another would amount to abuse of power and further whether postponement of date of receiving of tenders would amount to abuse of power without causing any financial burden or loss on Council--NO--Mere transfer order by wrongly interpreting bye-laws without any element of ill motive can not be said to be abuse of powers--Neither impugned order nor any material available on record goes to suggest that transfer order was ill motive for wrongful gains for himself or to cause financial loss to council or employees--Likewise postponement of receiving of tender for future date without causing any financial loss to Council does not amount to abuse of powers--Observation of Principal Secretary in impugned order is that postponement of tender strengthens doubt that same was done with intention to accommodate non-eligible contractors--Is unjustified and not supported by any evidence--No name is given who was non-eligible and granted contract subsequently--Impugned order quashed--Petitioner shall be given charge of President--Respondent No. 3 shall cease to occupy office of President of Council. (Paras 6, 9, 10 & 12)
(C) Punjab Municipal Act, 1911, S.22--Removal of President--Removal of elected President only on basis of some suspicion and doubt without any element of illmotive or malafide intention to gain wrongfully or to cause loss to Council will not amount to abuse of power under Section 22 of Punjab Municipal Act. (Para 6)

Punjab Municipal Act, 1911

Punjab Municipal Act, 1911
Octroi Duty--Imposition of--Only sale within the municipal limit does not authorize the municipality to charge octroi on goods--Octroi can be levied and charged when sale of octrioable is made in the octroi area for the purpose of consumption and use within the octroi area--If a person purchases goods to be consumed beyond the octroi area then no octroi can be levied.; Dabur India Ltd. v. State of Punjab & Ors., ; 2010(1) Law Herald (P&H) (DB) 825
Octroi Duty--No finding recorded on question as to whether goods/products sold were to be consumed or used within municipal unit of Zirakpur--Impugned order quashed--Matter remanded to Appellate Authority for fresh decision in view of observation made by Apex Court in Tata Engineering’s case and Indian Oil Corporation’s case.; Dabur India Ltd. v. State of Punjab & Ors., ; 2010(1) Law Herald (P&H) (DB) 825

Punjab Municipal Act, 1911

Punjab Municipal Act, 1911
Octroi Duty--Imposition of--Only sale within the municipal limit does not authorize the municipality to charge octroi on goods--Octroi can be levied and charged when sale of octrioable is made in the octroi area for the purpose of consumption and use within the octroi area--If a person purchases goods to be consumed beyond the octroi area then no octroi can be levied.; Dabur India Ltd. v. State of Punjab & Ors., ; 2010(1) Law Herald (P&H) (DB) 825
Octroi Duty--No finding recorded on question as to whether goods/products sold were to be consumed or used within municipal unit of Zirakpur--Impugned order quashed--Matter remanded to Appellate Authority for fresh decision in view of observation made by Apex Court in Tata Engineering’s case and Indian Oil Corporation’s case.; Dabur India Ltd. v. State of Punjab & Ors., ; 2010(1) Law Herald (P&H) (DB) 825

Punjab Municipal Act, 1911

Octroi Duty--Imposition of--Only sale within the municipal limit does not authorize the municipality to charge octroi on goods--Octroi can be levied and charged when sale of octrioable is made in the octroi area for the purpose of consumption and use within the octroi area--If a person purchases goods to be consumed beyond the octroi area then no octroi can be levied.; Dabur India Ltd. v. State of Punjab & Ors., ; 2010(1) Law Herald (P&H) (DB) 825
Octroi Duty--No finding recorded on question as to whether goods/products sold were to be consumed or used within municipal unit of Zirakpur--Impugned order quashed--Matter remanded to Appellate Authority for fresh decision in view of observation made by Apex Court in Tata Engineering’s case and Indian Oil Corporation’s case.; Dabur India Ltd. v. State of Punjab & Ors., ; 2010(1) Law Herald (P&H) (DB) 825

Punjab Municipal Act, 1911

Octroi Duty--Imposition of--Only sale within the municipal limit does not authorize the municipality to charge octroi on goods--Octroi can be levied and charged when sale of octrioable is made in the octroi area for the purpose of consumption and use within the octroi area--If a person purchases goods to be consumed beyond the octroi area then no octroi can be levied.; Dabur India Ltd. v. State of Punjab & Ors., ; 2010(1) Law Herald (P&H) (DB) 825
Octroi Duty--No finding recorded on question as to whether goods/products sold were to be consumed or used within municipal unit of Zirakpur--Impugned order quashed--Matter remanded to Appellate Authority for fresh decision in view of observation made by Apex Court in Tata Engineering’s case and Indian Oil Corporation’s case.; Dabur India Ltd. v. State of Punjab & Ors., ; 2010(1) Law Herald (P&H) (DB) 825