KUSUM ROY Vs. CALCUTTA MUNICIPAL CORPORATION

JUDGEMENT

(1.) An employee of the Kolkata Municipal Corporation was awarded a punishment by an Order dated February 24, 2000 passed by the Municipal Commissioner. Such order awarding punishment is under challenge. The original writ petitioner has died during the pendency of the writ petition. In place and stead of the original writ petitioner his heirs and legal representatives have been substituted.

(2.) The first ground of challenge to the impugned order is that an authority not recognized by law has passed the order impugned. The impugned order has been passed by the Municipal Commissioner.

(3.) The Joint Municipal Commissioner is the authority under Section 18 of the Kolkata Municipal Corporation Act, 1980 to pass an order in the nature of the order impugned. Consequently, the order impugned has been passed without jurisdiction. Moreover, the Municipal Commissioner having passed the order impugned, the appellate authority envisaged under Section 21(4)(c) of the Kolkata Municipal Corporation Act, 1980 is no longer available to the writ petitioner. The appellate authority against an order of the nature in the order impugned, is the Municipal Commissioner as stipulated under Section 21(4)(c) of the Act of 1980. The order impugned, therefore, is without jurisdiction and is in violation of Sections 18 and 21 of the Act of 1980.