KALIMUR RAHAMAN Vs. CALCUTTA MUNICIPAL CORPORATION

JUDGEMENT

(1.) By consent of the parties, the appeal is treated as on day's list.

(2.) A charge-sheet vide a Memorandum dated 27th March 1997 was Issued against the appellant under the signature of the Municipal Commissioner. Calcutta Municipal Corporation, Calcutta. Three articles of charges form the substratum of the charge-sheet. The proceedings are stated to have been held thereafter culminating in the passing of the final order on 17th Aug. 1999. Even though the final order was conveyed to the appellant under the signature and through a forwarding letter of the Joint Municipal Commissioner, the order itself was passed by the Municipal Commissioner. The appellant was awarded certain punishments including his reversion to the post of Junior Assistant. The appellant challenged the aforesaid punishment order by filing a writ Application in this Court. Against the refusal to pass any interim order by the learned single Judge, the appellant has preferred the present appeal under clause 15 of the Letters Patent.

(3.) Mr. Mitra. learned senior advocate appearing for the appellant, has raised before us a very simple question of law. The appellant admittedly is holding a B category post under section 18 of the Calcutta Municipal Act, 1980, the appointment to a category B post is required to be made by the Joint Municipal Commissioner under section 21 of the Act. It therefore clearly means that Joint Municipal Commissioner of Calcutta Municipal Corporation is the appointing authority in respect of category "B" posts in the Corporation. This is one aspect of the matter.