MUNICIPAL COMMISSIONERS OF BARANAGORE Vs. PARESH CHANDRA BANERJI

JUDGEMENT

(1.) This appeal is directed against an order and judgment of D. Basu J. dated July 10, 1964, by which the learned Judge made a Rule absolute.

(2.) The Petitioner in the Rule, who is the Respondent before Us, was appointed officer-in-charge of the Public Works Department of the Baranagore Municipality on August 17, 1960, on probation for a period of six months on a salary of Rs. 130 (in the scale of Rs. 130-5-200) plus clearness allowance of Rs. 40 per month and other allowances. By the letter of appointment he was informed that the fixation of revised scale of pay for the employees was under the active consideration of the Commissioners and the benefits of the revised scales of pay, if sanctioned, were due to be implemented at the time of confirmation. Thereafter the Petitioner was confirmed in his appointment with effect from January 17, 1961, in the sanctioned scale of pay, i.e. Rs. 130-5-200, plus usual allowance. Sometime thereafter certain disciplinary proceedings were initiated by the Commissioners against the Petitioner on certain allegations. The said proceedings terminated in an order of dismissal made by the Commissioners by a resolution passed in a special meeting held on February 23. 1962. By the Rule the Petitioner challenged the validity of that resolution.

(3.) Reference may be made at this stage to Section 66(2) of the Bengal Municipal Act, 1932. Section 66 of the Act, it may be pointed out, deals with appointment of subordinate officers, Sub-section (2) of the said section reads: