GANGAYYA VEERAYYA KASHIMATH Vs. COMMISSIONER HUBLI

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution for quashing (i) an order of the Commissioner, Hubli-Dharwar Municipal Corporation, Hubli (hereinafter referred to as the Commissioner) by which the services of the petitioner were germinated; and (ii) the order of the Standing Committee of Hubli-Dharwar Municipal Corporation (hereinafter referred to as the Standing Committee affirming the above order of the Commissioner.

(2.) The petitioner was a Clerk in the Water Meter Section of the, Hubli Dharwar Municipal Corporation (hereinafter referred to as the Corporation). He was kept under suspension on a charge, of misappropriating amounts to the extent of Rs.880-66, which he had collected as water charges by passing official Receipts. A Departmental enquiry into that charge was commenced. In the mean-while, he was prosecuted in the Court of the Judicial Magistrate, First Class, Dharwar, for an offence punishable under S.408 IPC. The learned Magistrate convicted him for that offence, but instead of passing a sentence on him released him on probation of good conduct under S.4(1) of the Probation of Offenders Act, 1958. In his judgment, the Learned Magistrate observed thus :

(3.) After the judgment in the criminal case, the Commissioner, by his order dt.28-5-1970, terminated the services of the petitioner. On 9-7-1971 the petitioner appealed to the Standing Committee, which, by its order dt. 10-11-1971, dismissed that appeal. It observed that the appeal was barred by time, that the Court had held that he was guilty of the offence, that if that appeal should be enquired into, it would lead to encouragement to guilty persons and that there were no sufficient grounds to take up the appeal for consideration.