SATYANARAIN TRIPATHI Vs. NAGAR PALIKA BHIND

JUDGEMENT

(1.) THIS petition is directed against the appointment of respondent No. 3 on the post of Revenue Inspector, Municipal Committee, bhind. The petitioner who is himself a candidate for the post seeks to challenge the appointment of respondent No. 3 on the ground that it violates the statutory law.

(2.) BRIEFLY, the facts giving rise to this petition are these : The petitioner was appointed on 31-12-1958 as a Nakedar in the services of Nagar-Palika, Bhind. The post of Nakedar is in the revenue section of the Municipal Committee. By a resolution of the Standing Committee, dated 29-6-1966, he was appointed as Tax Collector. Thereafter, under Resolution No 64, dated 5-1-1968, of the Standing Committee, the petitioner was ordered to officiate as a clerk in the General Administration section. The President of the Municipal Committee felt that the transfer of the petitioner's service to the administrative wing of the Municipal Committee was not regular and, therefore, sent him back to his original post of the Tax-Collector. The president of the Municipal Committee seems to rely on the communication of the Secretariat dated 28-5-1968 wherein it was indicated that for the purposes of promotion, the administrative wing and the revenue wing must be considered to be separate and seniority of their officers for the purposes of promotion must be taken as they obtain in the respective wing of the municipality. The communication adverted to, it would be observed, discouraged promotion from revenue department to administrative department. By a resolution dated 5-12-1968, the petitioner was appointed to officiate as revenue Subinspector. Thereafter, on 4-12-1969, the Municipal Committee was dissolved and an Officer-in-Charge appointed under section 328 of the municipalities Act. The Officer-in-Charge kept the petitioner on the post of revenue Sub-Inspector vide, his order dated 25-6-1970 temporarily for two years. The Officer-in-Charge subsequently by his order dated 6-5-1972 confirmed the petitioner on the post of Revenue Sub-Inspector.

(3.) IT appears that one Shri Benkat Singh an employee of Mehgaon municipal Committee complained to Collector, Bhind alleging that the appointment of petitioner on the post of Revenue Sub-Inspector was done irregularly- The Collector, exercising his powers of superintendence and control, cancelled the confirmation of the petitioner, though he was not reverted from the post of the Revenue Subinspector. Thereafter, there had been a selection by the Selection Committee for the post of Revenue Inspector of the Municipal Committee. The Selection Committee recommended the appointment of Kammodsingh respondent No. 3 and by an order dated 8-10-1974, he was appointed on the post.