INDRAJIT RATILAL SHAH Vs. JAMBUSAR NAGAR PANCHAYAT

JUDGEMENT

(1.) Challenge has been made by the petitioner to the resolution of the respondent No. 1 bearing No. 408 dated 13th December, 1983 under which it is resolved that the petitioner should be displaced from his post of Secretary of the said Nagar Panchayat and amount of Rs. 14939-35 be recovered from him. Challenge has also been made by the petitioner to the resolution of the respondent No. 1 bearing No. 128 dated 30th November, 1983 under which it is resolved that the audit objection in para-5-A be implemented and in pursuance of that resolution the aforesaid resolution has been passed.

(2.) Under the audit objection it has been objected that the post of Secretary given to the petitioner cannot be recognised and the amount of salary paid to the petitioner is objected.

(3.) This petition has been admitted by this Court on 13th January, 1984 and the impugned resolutions were ordered to be stayed by this Court. So the fact is that the petitioner worked as Secretary and has drawn the salary of the said post for all these years. It is further not in dispute between the parties that during the pendency of this special civil application the petitioner also retired from the services.