SHANKERLAL CHAUBE Vs. JABALPUR CORPORATION

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution is mainly directed against?

(2.) THE facts giving rise to this petition, shortly stated, are these. The petitioner is an employee of the Municipal Corporation Jabalpur, and has been working for the last several years as internal audit officer in a permanent capacity. On the death of Sri B. P, Wadia, the then secretary of the corporation, the standing committee of the corporation, by its resolution, dated 10 August 1962, appointed the petitioner to hold, In addition to his own duties the current charge of the post of secretary. On 8 August 1963, the Commissioner of the corporation reverted the petitioner to his substantive post. By a resolution dated 10 August 1963, the standing committee decided to reappoint him temporarily as secretary of the corporation. However, the corporation, by its resolution passed on the same day, directed that the abovementioned resolution of the standing committee be not implemented and also confirmed the Commissioner's order dated 8 August 1963. Being aggrieved, the petitioner filed Miscellaneous Petition No. 292 of 1963 in this Court. On 5 December 1963, we allowed that petition, quashed the Commissioner's order, dated 8 August 1963, and the corporation's resolution, dated 10 August 1963, and directed that effect be given to the standing committee's resolution, dated 10 August 1963. On 13 December 1963, the petitioner was placed in charge of the poet of secretary. Thereupon, on receipt of the State Government's memorandum, dated 27 October 1964, the Commissioner, by his order, dated 31 October 1964, suspended the petitioner and this action of the Commissioner was confirmed by the standing committee by its resolution dated 5 November 1964.

(3.) THE petitioner has challenged the action taken in regard to him on the several grounds mentioned in Para. 15 of the petition. The learned Counsel for the petitioner, however, pressed only two grounds each of which is, in our opinion, unsubstantial.