BANWARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition came up for hearing before me on January 27, 1969, when I accepted it ex parte as no one appeared on behalf of the respondent. The learned counsel for respondent 2 made an application on February 3, 1969 praying for the restoration of the writ petition. This application was allowed by me on August 22, 1969 and the ex parte order passed on January 27, 1969 was set aside.

(2.) The petitioner Banwari lal was in the permanent service of the Municipal Committee, Gurgaon as a Sanitary Jemadar drawing a salary of Rs. 120.00 per mensem. He was served with a charge-sheet dated February 17, 1966, to which he gave an explanation on March 2, 1966. Thereafter on March 16, 1966, the President of the Municipal Committee issued a notice to him to show cause why his services should not be terminated. He was given three days' time to file his explanation. The petitioner sent his explanation on March 21, 1966, whereafter the President appointed Shri Som Nath Vermani, Municipal Commissioner, to enquire into the matter. The Enquiry Officer submitted his report to the President on April 28, 1966 and on the basis thereof the President passed the order dismissing the petitioner from service on May 26, 1966. The petitioner filed an appeal against that order before the Deputy Commissioner, Gurgaon, which was returned to him on the ground that the Deputy Commissioner had no jurisdiction to hear the appeal. This order was passed by the Deputy Commissioner on September 14, 1966. The Municipal Committee, Gurgaon, had been superseded by that time and, therefore, the petitioner could not file any appeal to the Municipal Committee, Gurgaon. He filed the present writ petition in this Court on October 25, 1966.

(3.) The return to the writ petition has been filed by the Administrator of the Municipal Committee in which he has stated that the petitioner had been given sufficient opportunity to explain his conduct and the order of dismissal passed by the President was in order.