CHIEF EXECUTIVE OFFICER JANAPADA Vs. J D DIXIT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution is directed against an order, dated 1st September 1965, passed by the Additional Collector, Jabalpur (respondent No. 2).

(2.) SHRI J. D. Dixit (respondent No. 1) was a temporary teacher in the employment of the Janapada Sabha, Sihora. His services were terminated on 4th June 1965 under the orders of the Chief Executive Officer Janapada Sabha, Sihora (the petitioner). The respondent No. 1 thereupon preferred an appeal before the second respondent. The petitioner raised an objection before the second respondent as to the maintainability of the appeal. In support, the petitioner relied on a decision of this Court in Chief Executive Officer, Janapada Sabha, Sihora v. Sughram Choudhary M. P. No. 359 of 1961 decided on the 12-12 1962.. In that case, it was held by this Court that no appeal could be filed under section 71 (5) of the C. P. and Berar Local Government Act, 1948 (hereinafter referred to as 'the Act') because the applicant was a temporary servant. The respondent No. 2 was of the view that an appeal did lie under section 156 (1) of the Act, but reluctantly decided to follow the decision of this Court, referred to above. The respondent No. 2, however, decided to act under section 100 (1) (a) of the Act and suspended the execution of the order passed by the petitioner and made a reference to the State Government for confirmation of the order as required by section 100 (2), This is what the respoudent No. 2 has observed in paragraph 9 of the order:

(3.) BEFORE leaving this case, we must observe that the respondent No. 2 was not justified in airing his personal views about the competency of the appeal and doubting the correctness of the decision of this Court. It is not open to the members of the subordinate judiciary or executive officers to question or doubt the correctness and the propriety of decisions of this Court, which are binding on them. It is to be hoped that the respondent No. 2 will refrain in future from indulging in such acts of official solecism.