NASIB CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NASIB Chand, the petitioner, is Octroi Clerk in Municipal Committee, Dhuri, vide order Annexure P/3 dated 3. 7. 1996, he was placed under suspension by Executive Officer, Municipal Committee, Dhuri. The petitioner, Nasib Chand, has thrown challenge to this order of suspension brought about by Executive Officer, Municipal Committee, Dhuri through this writ petition and has prayed for the issuance of writ of certiorari quashing this order and thereby ordering the respondents to allow him to continue to hold the post of octroi Clerk. It is averred that this order is without the competence of the Executive Officer.

(2.) THE Municipal Committee, Dhuri, through its Executive Officer, has resisted this petition and has averred that in the year 1931, Octroi Clerk was getting salary between Rs. 25/- to Rs. 45 when the Panjab Municipal (Executive Officers) Act, 1931 was enacted. By virtue of the provisions of the Punjab "municipal" (Executive Officers) Act, 1931, every employee of Municipal Committee whose salary ranged between Rs. 25/- to Rs. 45/- was subject to the disciplinary control of the Executive Officer of the Municipal Committee. If due to rise in the price index, the salaries have shot up, that does not mean the Executive Officer ceases to be the disciplinary authority of such of employees who were subject to his disciplinary jurisdiction when the Act was enacted. Intention of the Legislature is that Executive Officer should have disciplinary control now also over all those employees of the Municipal Committee whose salary ranged in the year 1931 between Rs. 25 to Rs. 45 per mensem. If in the year 1931 when the Act was enacted, Octroi Moharir was amenable "to the control of the Executive Officer, there should be no reason why he should not be subject to the disciplinary control of the Executive Officer when there is no amendment in the Act, taking the Octroi Moharirs outside the purview of the disciplinary control of the Executive Officer. "

(3.) IT is thus clear that the power of dismissal can be exercised by the Executive Officer of a Municipal Committee in respect of an employee whose monthly remuneration is less than Rs. 45. If the monthly remuneration is more than Rs. 45, then the power of dismissal shall be exercised by the committee. Power of dismissal or removal embraces within its ambit the power of suspension also.