STATE OF PUNJAB Vs. PREM PARKASH

JUDGEMENT

(1.) THIS appeal under, Clause 10 of the Letters Patent raises the question whether a person appointed by Government to discharge the functions of a Municipal committee under the East Punjab Local Authorities (Restriction of Functions) Act, 1947, can be deemed to be the holder of a civil post under the State.

(2.) ON the 29th of December 1947 the State Government suspended the Water works Department of the Municipal Committee of Muktsar and on the 29th April 1949 the said Government appointed the petitioner as Superintendent of Water works to discharge the functions of the said Department on a salary of Rs. 152/per mensem. On the 13th February 1954 the State Government terminated the services of the petitioner, under Section 45 of the Punjab Municipal Act, and on the 2nd March 1954 the latter presented a petition under Article 226 of the constitution in which he complained that his removal had been effected without charges or hearing and in contravention of the provisions of Article 311 of the constitution. The learned Single Judge before whom the petition came up for consideration found in favour of the petitioner and issued a direction requiring the State government to reinstate the petitioner to the office from which he had been unlawfully removed. The State Government are dissatisfied with the order and have come to this Court in appeal under Clause 10 of the Letters Patent.

(3.) SECTION 4 of the East Punjab Local Authorities (Restriction of Functions) Act, 1947, is in the following terms :" the State Government if satisfed that a local authority having jurisdiction in any Notified Area is incapable of performing or does not adequately perform any or all of its functions, may suspend such branches or departments of the local authority as are entrusted with these functions, and shall appoint any person or persons either by name or designation to discharge such function or functions. " section 5 empowers the State Government to direct that the expenses of discharging such functions shall be paid by the local authority. Section 8 declares that the provisions of this Act shall have effect notwithstanding anything to the contrary contained in the Punjab Municipal Act or any other enactment in force in the Punjab.