NASIB CHAND Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner, who was working as Octroi Clerk with the Municipal Committee, Dhuri was placed under suspension pending departmental enquiry vide order dated 5th April, 1990 (Annexure P-1) passed by the Executive Officer of the Municipal Committee. In this order it was mentioned that the suspension was with effect from 6th April, 1990. This order was, however, followed by another order of the same date (Annexure P-2) mentioning that the date 6th April, 1990 from which date the suspension was made effective vide order Annexure P-1, should be corrected as 5th April, 1990. In other words the suspension was to take effect from 5th April, 1990. the petitioner filed the writ petition challenging the suspension order (Annexure P-2). the ground of attack against the suspension order was that it was only the Municipal Committee (and in the present case the Administrator as there was no elected Municipal Committee) who could pass the suspension order and the executive officer of the Municipal Committee, who had actually passed the order of suspension, had no authority to pass the order and the order being wholly without jurisdiction, is liable to be quashed.

(2.) Mr. Ashok Nabhewala, learned counsel for the petitioner, to substantiate the above mentioned submission, drew my attention to Sec. 39 of the Punjab Municipal Act to show that the Appointing Authority in case of the petitioner was the Committee. Sec. 39(1) of the Punjab Municipal Act is quoted below for ready reference:-

(3.) In view of Sec. 4(b) (i) quoted above, the learned counsel for the petitioner submitted that the power to suspend an employee vested in the Executive Officer only if the employee's remuneration did not exceed Rs. 45.00 per mensum and since the petitioner's emoluments were much more than that, the order, Annexure P-2, was without jurisdiction and liable to be quashed. He drew my attention to a judgment of learned Single Judge of this Court reported in Hari Chand Vs. Sh. D.R. Bawa & another, 1977 P.L.J. 365 .