JAGANNATH DUTT TRIPATHI Vs. MUNICIPAL BOARD, PADRAUNA

JUDGEMENT

(1.) I agree that this appeal fails, but I think it unnecessary to express an opinion as to the binding force of the rules regulating the appointment, punishment, dismissal and discharge of Executive Officers of Municipal Boards printed at p. 446 of the Municipal Manual and I would prefer not to do so.

(2.) The respondent Board by a special resolution passed on the 4th Dec., 1954, appointed the appellant its Executive Officer. That appointment was under sub-Sec. (3) of Sec. 57 of the U.P. Municipalities Act, 1916, subject to the approval of the State Government. The State Government did not approve of the permanent appointment on the ground that the appellant was more than thirty-two years of age, but by a letter dated the 29th Dec., 1955, it informed the Board that the appointment of the appellant was approved as a temporary Executive Officer for such time as the Board is not able to get the services of a fully qualified man. The Board again advertised the post but no application from a suitable candidate being received the Board again wrote to the Government on the 13th Nov., 1956, recommending that the appellant's appointment to the substantive post of Executive Officer be approved. On the 21st Feb., 1957, the Government rejected this request and asked the Board to make a further attempt to obtain a suitable candidate. Fresh elections thereafter took place and the newly constituted Board at a meeting held on the 10th Dec., 1957, passed a resolution terminating the appellant's services on the ground that his appointment had not been approved by the State Government and we are informed by learned counsel that another Executive Officer was appointed with effect from the 1st March, 1958.

(3.) The appellant's appointment was an interim appointment and automatically came to an end on the appointment of his successor. The only claim which he would appear to have is in respect of his salary for the period from the 11th Dec. 1957 to the 28th Feb., 1958, and that is a claim which, as my brother has pointed out, he can enforce in a civil court if so advised.