ABDUL GANI Vs. COMMISSIONER NAGPUR DIVISION

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution, the petitioner desires that the order passed by respondent No. 1. Commissioner of Nagpur Division, according sanction to the suspension of the petitioner pending enquiry and discharging the petitioner as per resolution of respondent No. 3 Municipal Committee, Pulgaon, discharging the services of the petitioner on accepting the report of an Enquiry Officer should be quashed. A few facts are necessary to understand the contentions raised by the petitioner.

(2.) RESPONDENT No. 3 is a Municipal Committee incorporated for the town of Pulgaon under the C. P. and Berar Municipalities Act, 1922. The petitioner was appointed on probation for a period of three years as a Secretary of respondent No. 3 Committee on 1st January 1962. This appointment was subsequently approved by the State Government, A meeting of the Municipal Committee was held on 3rd of September 1963. At the relevant time the office of President of the Municipal committee was held by a lady who was not must educated. It is alleged that the meeting had become unruly and police had to be called. At the subsequent stage of the meeting there was a pandemonium. The proceedings of the meeting were it appears, being recorded by the petitioner as a Secretary of the Municipal committee. We have not been shown any byelaw or a rule under which the Secretary is required or empowered to record the proceedings of a meeting of the Committee. While recording the proceedings of the meeting, the petitioner alleges, that the President directed him to record the speeches only of one side and not the other. According to the petitioner, he was unable to carry out this direction as it would be improper and illegal to do so. After some time, the President and her supporters left the meeting. Though the President left the meeting, the remaining members continued the meeting which went on upto 5-30 P. M. according to the averments in the petition. At about that time, the petitioner received a telegraphic notice under the signature of the President of the Municipal Committee suspending the petitioner from office for gross misbehaviour and act of indiscipline. This was followed by an order of suspension passed by the President of the Municipal Committee on 4th of September 1963. Suspension of the petitioner was subsequently ratified at a meeting of the General Body of the Municipal Committee later on. The President also asked for sanction being accorded by the Commissioner, Nagpur Division, to the suspension of the petitioner.

(3.) THE Municipal Committee thereafter not only ratified the action of the President but also appointed the Vice-President as an officer to hold enquiry against the conduct of the petitioner. The Vice-President held an enquiry and submitted his report on 27th of November 1963. The Municipal Committee, at its meeting held on 16-12-1963, considered this report of the Enquiry Officer and action proposed by the Enquiry Officer was approved to be taken by the Municipal Committee. That action was to discharge the petitioner from his service. The resolution according sanction and taking this decision also decided that sanction of the higher authorities should be obtained for this decision. Further steps were taken by the Municipal Committee on the next day, that is, 17-12-63 by forwarding papers for obtaining sanction from the requisite authorities to the Collector of the district.