BHAGWANDAS Vs. MUNICIPAL COMMITTEE DAMOH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution to quash by certiorari an order of the President of the Municipal Committee, Damoh, dated 27th June 1960 by which the petitioner was removed from service. The petition is also directed against several other orders passed by various bodies and authorities, both before and after that date, in connection with the action taken against the petitioner.

(2.) THE petitioner was employed as a temporary Tax Moharir in a temporary vacancy in the establishment of the Damoh Municipality. His emoluments were Rs. 63 per month, made up of Rs. 30 as salary and Rs. 33 as dearness allowance. At the material time, he was working as an Octroi Naka Moharir. By an order dated 29th October 1958, he was removed from service with effect from 1st November 1958. His appeal against that order was dismissed by the Sub -divisional Officer, Damoh, but his further appeal was allowed by the Collector, who, by his order dated 6th August 1958, set aside the order of removal from service and remitted the case for holding a proper enquiry against him.

(3.) HAVING heard the counsel, we have formed the opinion that this petition must be allowed. In view of Rule 1 (c) of the Rules relating to the right of appeal under section 25 (6) of the Central Provinces and Berar Municipalities Act, 1922 (hereinafter called the Act), a municipal servant holding a temporary appointment has no right of appeal. That being so, the orders passed by the Sub -Divisional Officer and the Collector rejecting the petitioners appeal as incompetent are correct.