PREM SHANKAR SHARMA Vs. COLLECTOR

JUDGEMENT

(1.) This application for the issue of a writ of certiorari is by a person, who was employed as Head-Master of a school by the Municipal Committee, Khandwa, and who has been removed from service by a resolution dated the 27th September 1960 of the Committee. The resolution of the Committee was set aside in appeal by the Sub-Divisional Officer, Khandwa. It was, however, restored by the Collector, Khandwa, in an appeal preferred by the Municipal Committee against the decision of the Sub-Divisional Officer. The petitioner prays that the decision of the Collector be quashed by the issue of a writ of certiorari as the appeal preferred before him was incompetent.

(2.) The question raised as to the competency of the appeal preferred by the Municipal Committee before the Collector is one of construction of sections 25 (6), 172 and 176 (2) (vii) of the Central Provinces and Berar Municipalities Act, 1922, and of the rules framed by the Government as regards appeals from any decision of the Committee dismissing or removing a municipal employee or inflicting any punishment on him. The question being of some importance and of frequent occurrence, the petition has been referred to this Bench for decision.

(3.) The relevant provisions of the Act, namely, Sections 25 (6), 172 and 176 (2) (vii) are as follows: