DORLIKAR Vs. M V NAGPUR CORPORATION

JUDGEMENT

(1.) The appellant before us was originally a sanitary inspector under the Municipal Committee of Nagpur. A departmental enquiry was started against him, and on 12 December, 1949, the enquiry officer submitted his report. The enquiry officer held that the appellant was guilty of the charges for which the enquiry had been started, but recommended that as there were extenuating circumstances, only a warning be given to the appellant by way of punishment. The Officer-in-charge of the Municipal Committee however, took a different view on the question of punishment to be awarded to the appellant and accordingly passed an order on 22 February, 1950, terminating his services. It was necessary under the rules that this order of the Officer-in-charge had to be approved of by the Board of Revenue. It appears that the Board of Revenue also approved of this order and the same was communicated to the appellant on 27 April 1951.

(2.) The appellant thereafter approached this Court by a special application under the provisions of Art. 226 of the Constitution. On 20 November 1952, the High Court in its jurisdiction under Art. 226 of the Constitution set aside the order of dismissal as it had not been passed by a proper authority under the provisions of the City of Nagpur Corporation Act, 1948.

(3.) After the High Court's order was communicated to the Chief Executive Officer, the Chief Executive Officer, on or about 24 November, 1952, called upon the appellant to appear before him on 26 November, 1952, in connexion with the departmental enquiry held against him. The Chief Executive Officer also informed him that pending final orders, he was "treated under suspension" from the date of his relief (1 May, 1951). On 27 November 1952, the Chief Executive Officer passed a final order to the effect that "the services of Sri V. N. Dorlikar (appellant), sanitary inspector (under suspension), City of Nagpur Corporation, are dispensed with, with effect from forenoon of 27 November 1952."