SITA RAM GOEL Vs. MUNICIPAL BOARD KANPUR

JUDGEMENT

(1.) This appeal with special leave under Art. 136 of the Constitution raises an interesting question of limitation.

(2.) The appellant was appointed an Overseer by the Municipal Board, Kanpur, on 5-3-1937, with the approval of the Superintending Engineer, Public Health Department. Lucknow. He was confirmed by the Board's special resolution dated 2-7-1938, and continued in employ up to 19-3-1951, when a copy of the resolution No. 1723 passed by the Board on 5-3-1951, purporting to dismiss him from employ was handed over to him. Against the said resolution dated 5-3-1951, the appellant filed an appeal to the Uttar Pradesh Government on 7-4-1951, but was informed by a G. O. dated 7-4-1952, that his appeal had been rejected. This information was received by him on 8-4-1952. Thereafter on 8-12-1952, the appellant filed the suit out of which the present appeal arises, being Suit No. 257 of 1953 in the Court of the Additional Civil Judge. Kanpur, impleading the Municipal Board, Kanpur, Shri S. B. Gupta, Municipal Engineer, Shri Brahmanand Misra, the then Chairman of the Municipal Board and the Government of Uttar Pradesh as defendants and challenged the legality of the dismissal order passed against him on the ground that the previous approval of the Superintending Engineer, Public Health Dept, was not taken as required by the rules, that the appellant was denied an opportunity of being heard in person by the Board, that no show-cause notice for the proposed punishment of dismissal was issued to him by the Board nor were the charges framed by it, that the dismissal order did not specify the charges, that some of the grounds on which he was dismissal did not form the subject-matter of the charges at all, that in any case, the charges framed were false and malicious. The appellant prayed for a declaration that the order of his dismissal was ultra vires, illegal, and void and claimed a total amount of Rs. 10,951 in respect of damages, allowances for doing officiating work, bonus, arrears of salary and provident fund.

(3.) The suit was contested mainly by the Board and its defence was to the effect that the order of dismissal was not vitiated on the grounds of illegality or irregularity and in any case the suit was barred by limitation.