MUNICIPAL COMMITTEE RAMPURA PHUL Vs. AMAR NATH KARKARA

JUDGEMENT

(1.) THIS is an appeal under clause 10 of the Letters Patent against an order of a learned Single Judge allowing a petition of the respondent and quashing the resolution of the appellant-committee with regard to the retrenchment of the post of the Octroi Superintendent of the Rampura Phul Municipality of which the respondent was the incumbent.

(2.) IT was not disputed before the learned Judge that the respondent was holding the aforesaid post in a substantive capacity. The Municipal Committee retrenched the services of 20 employees including those of the respondent after giving one month's notice.

(3.) CERTAIN rules, which are incorporated in the Punjab Municipal Account Code, had been framed under S. 240 of the Punjab Municipal Act, 1911. Rule V-4 is in the following terms:--