POONAMCHAND SOMABHAI PATEL Vs. KAPADWANJ NAGARPALIKA

JUDGEMENT

(1.) This appeal is directed against an order passed by the learned single Judge in Special Civil Application No. 7472 of 1996, on April 28, 1997.

(2.) Appellant is the original petitioner. He was appointed as Chief Officer of Kapadwanj Nagarpalika ("Nagarpalika" for short) by a resolution dated October 31, 1988. On November 3, 1988, a formal order was issued in his favour appointing him to the post of Chief Officer. Since then he is working as Chief Officer of Nagarpalika. It is his case that he was on leave from August 29, 1996 to September 30, 1996. In the meanwhile, however, an order of suspension came to be passed against him on September 20, 1996 (Annexure-A to the petition). The action suspending him from active service was challenged by filing the above petition.

(3.) It was contended before the learned single Judge that in the light of the provisions of S. 47 and 48 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Act"), no action could have been taken against the appellant. It was without jurisdiction and was, therefore, liable to be quashed and set aside. The learned single Judge, after hearing the parties, did not think it fit to interfere with the action, taken by the respondents and dismissed the petition. It is against that order that the present Letters Patent Appeal is filed.