58. [ Punishment, dismissal or removal of executive officer and transfer of Medical Officer of Health. - (1) A] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may dismiss, remove or otherwise punish its Executive Officer by a special resolution supported by not less than two thirds of the members constituting the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] subject to his right of appeal to the State Government, within such time and in such manner as may be prescribed :
Provided that the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall, in dismissing, removing or otherwise, punishing the Executive Officer, follow the procedure that may be prescribed in this behalf.(2)[* * *] [Omitted by U.P. Act No. 26 of 1964.](3)If a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] by special resolution recommend the transfer of its Medical Officer of Health [other than one appointed under the proviso to sub-section (2) of Section 57] [Inserted by U.P. Act No. 26 of 1964.] or its Accountant, the State Government shall transfer the Medical Officer of Health or the Accountant as the case may be from the [Municipality's] [Substituted by U.P. Act No. 12 of 1994.] employment provided the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] gives sufficient reasons therefor.
