MUNICIPAL CORPORATION Vs. NIYAMATULLAH

JUDGEMENT

(1.) This is an appeal from the judgment dated 30 March, 1966 of the High Court of Madhya Pradesh (Indore Bench) allowing the appeal and setting aside the decree of the lower appellate Court and restoring the decree of the trial court with costs.

(2.) The plaintiffs suit against the Indore Municipal Corporation was for a declaration that the dismissal of the plaintiff was illegal and that the plaintiff 's was still on the post of Removal Sub-Inspector and a decree against the defendant for Rs. 7,488/- on account of salary at the rate of Rs. 104/p. m. from 15 April, 1953 till the date of institution of the suit viz, 15 April, 1959 and other reliefs. The trial court decreed the suit. The lower appellate court set aside the decree. The High Court restored the decree passed by the trial court.

(3.) The case of the plaintiff Niyamatulla was that the plaintiff was suspended by the order of the Municipal Engineer dated 15 April, 1953. One Shri Ghatpande who acted in place of the Municipal Commissioner in the month of May, 1953, directed the dismissal of the plaintiff. The plaintiff contended that the dismissal could have been only under the orders of the Municipal Commissioner. The plaintiff further contended that there was no opportunity given to the plaintiff against the proposed dismissal.