MUKAND LAL Vs. MUNICIPAL COMMITTEE SIMLA

JUDGEMENT

(1.) DOCTOR Mukand Lal, hereinafter referred to as the applicant applies under Article 226 of the constitution of India for the issuance of a writ of 'mandamus' directing the Municipal Committee of Simla, to forbear from acting on the resolution passed on 4-8-1952, whereby the services of the applicant were terminated forthwith on payment of one month's wages in lieu of notice.

(2.) BRIEFLY summarised the facts of the case are these. By application, annexure R. 1, the applicant offered himself as a candidate for the post of Deputy Medical Superintendent and resident Medical Officer, Ripon Hospital, Simla, on a salary of rupees 300-20-500 plus free furnished house with the benefit of municipal provident fund at the rate of one anna in the rupee and leave according to municipal leave rules. On 14-8-1941, the President, Municipal committee, by letter, annexure R. 2, informed the applicant that the Committee had decided to offer 'him the post of Deputy Superintendent and Resident Medical Officer, Ripon Hospital, on the conditions stated in the notice, annexure D, and that he should join service on 24-3-1941. On the last mentioned date the applicant assumed office and from that date he has been in service of the Simla Municipality. On 1-8-1952, the salary of the applicant was rupees 720/- per mensem.

(3.) MISS Abraham, Matron of the Hospital, on the termination of her services, made a written representation to the President of the Municipal Committee, Simla, in which she complained about the misconduct of the applicant. Upon that representation the President of the Municipal committee investigated the matter and came to the conclusion that the complaint of Miss abraham about the misconduct of the applicant was not proved.