SEJALKUMAR MOHANBHAI PATEL Vs. SURAT MAHANAGARPALIKA

JUDGEMENT

(1.) HEARD Mr. S. P. Majmudar, learned counsel for the appellant.

(2.) THE appellant was earlier appointed as a Tutor and he came to be dismissed by order dated 28.08.2006 in exercise of powers under Section 56 (1) and 56 (2) (h) of the Bombay Provincial Municipal Corporation Act, 1949. THEreafter, the appellant applied afresh for the post of Tutor suppressing the fact that he has been earlier dismissed. When the respondents came to know that the appellant is already a dismissed employee, they terminated the service of the appellant by order dated 31.03.2010.

(3.) WE are in agreement with the view taken by the learned Single Judge that once the appellant was dismissed from service, he could not again apply for the post of Tutor and the respondents were justified in terminating the service when they came to know about the fact that the appellant has been earlier dismissed from the post of Tutor. WE do not find any merit in the present Letters Patent Appeal. The same is devoid of any merits and is accordingly dismissed.