LALMANI SINGH Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) The petitioner was appointed as a peon in the octroi department of the Chunar Municipal Board, district Mirzapur, hereinafter referred to as the board. He worked as such till 14 September 1953. On 15 September 1953, he was implicated in a murder case (under Section 302, Indian Penal Code, in which he was acquitted by the learned Sessions Judge. Mirzapur, on 2 September 1954. He was put under suspension on 17 September 1953. On 27 June 1955, the board passed a resolution dismissing the petitioner from the date of suspension and the president of the board communicated that order to the petitioner. The petitioner filed an appeal before the State Government, which was dismissed, and the petitioner was informed about the dismissal on 29 December 1955. The petitioner thereafter filed a review application before the State Government, which was rejected on 30 July 1956. Thereafter the present petition was filed in this Court on 5 November 1956. The petitioner has prayed for a writ of certiorari to be issued quashing the resolution of the Municipal Board, Chunar, dated 27 June 1956, dismissing the petitioner from service.

(2.) The petitioner's case is that he was a permanent employee. A counter-affidavit has been filed in which it is alleged that the petitioner was only a temporary servant but it is not disputed that he was actually dismissed by the resolution of the board and not by the order of the president. It may be stated here that there is no executive officer in this municipal board. The only question, therefore, to consider is whether the board had jurisdiction to pass the resolution and whether the petitioner's service could be terminated by that resolution.

(3.) Section 60(e) of the Municipalities Act runs as follows: