BHANSIDHAR GANESH RAM BHAIYYALAL Vs. MUNICIPAL COUNCIL DEOLI

JUDGEMENT

(1.) Both the facets of the principles of natural justice viz., that the delinquent cannot be condemned unheard and that a person cannot be a judge in his own cause are in issue before us in this petition.

(2.) The facts giving rise to the questions urged in this petition are that the petitioner, who was in the service of the Municipal Council, Deoli, since 23rd April, 1956 and was during the relevant time working as an Octroi Inspector, was chargesheeted for misconduct on 10th September, 1979. It appears from the chargesheet that the said chargesheet was issued to him by the Standing Committee of the Municipal Council. An Enquiry Committee was constituted to enquire into the charges against the petitioner. It is, however, relevant to state at this stage that the Chief Officer was not a member of the Enquiry Committee constituted to enquire into the charges against the petitioner. The petitioner submitted his explanation to the chargesheet whereafter the evidence was recorded by the Enquiry Committee. It is pertinent to notice at this stage that the Chief Officer of the Municipal Council was examined as a witness in the Departmental Enquiry against the petitioner. After the whole evidence was recorded, the Enquiry Committee prepared its findings and/or conclusions in regard to the charges against the petitioner and submitted its report on 3rd November, 1980 for consideration of the Municipal Council. The report of the Enquiry Committee was accepted by the Special General Meeting of the Municipal Council, Deoli, held on 18th November, 1980.

(3.) Accordingly, a show-cause notice dated 27th November, 1980 proposing punishment of removal from service as per the recommendations of the Enquiry Committee, which was accepted by the General Body of the Municipal Council was issued by the Chief Officer of the Municipal Council, to the petitioner enclosing therewith a report of the Enquiry Committee. The petitioner submitted his explanation to the show-cause notice on 10th December, 1980 whereafter the matter was placed before the meeting of the General Body of the Municipal Council on 21st January, 1981 for having final decision in the matter. However, it was unanimously decided in that meeting to postpone the subject to the next meeting and hence no decision was taken by the Municipal Council about punishment to be imposed upon the petitioner in the said meeting. But thereafter the Municipal Council was superseded and the Chief Officer of the Municipal Council, who had, as stated above, given evidence in the Departmental Enquiry, was appointed as Administrator of the Municipal Council under the provisions of S. 313 of the Maharashtra Municipalities Act, 1965. It is worthwhile to notice at this stage that under the provisions of S. 314 of the Maharashtra Municipalities Act, 1965, the powers of the Municipal Council, Standing Committee and the Chief Officer vest in the Administrator alone and therefore no other person can exercise the powers of the Municipal Council which vest in the Administrator under S. 314 of the Maharashtra Municipalities Act, 1965 (for short the Act).