COMMISSIONERS OF DHANBAD MUNICIPALITY Vs. MAHADEO PANDEY

JUDGEMENT

(1.) This appeal by the defedants who are commissioners of Dhanbad Municipality, is directed against the judgment and decree passed by the subordinate Judge, 1st court, Dhanbad, in Title suit No. 8 of 1964 on 25th June, 1966, decreeing the suit of the plaintiff with costs.

(2.) The case of the plaintiff, who is respondent here, was that he was appointed Tax collector under the Dhanbad Municipality on 30th July, 1930 on a salary in the scale of Rs. 25-1-40/- per month. Sub-sequently, he was promoted to the post ot Assistant Tax Daroga in the year 1947 in the time scale pay of Rs. 50-3-80/- besides dearness allowance at the rate of Rs. 30/- per month and house rent. In the year 1955 when he was drawing a total emolument of Rs. 114/11/- per month which included his salary and other allowances, he incurred the displeasure of Shri B. L.Gugutia, the then Chairman of the Municipality and he was suspended with effect from 20th May, 1955 on a false charge of misappropriation of municipal fund. A criminal proceeding was initiated against him in which chargesheet was submitted under S. 408, I. P. C. He was tried in the court of a Magistrate, Ist class, Dhanbad, and was acquitted by an order dated 20th Aug. 1957. After his acquittal, he applied to the Chairman on 27th Aug. 1957 requesting for permission to join his duty and for sanctioning payment of arrears of pay from 1st April, 1955. There was no reply to that and so he sent two reminders but, still no action was taken. The Chairman filed Criminal Revision No. 1049 of 1957 in this court against the order of acquittal. By order dated 10th June, 1958 the aforesaid criminal revision was dismissed by this court In spite of the order of acquittal having been upheld by this court the plaintiff was not allowed to resume his duties nor was he paid the arrears of salary. On 16th April, 1960 Shri B. L. Gugutia, Chairman, sent letter No. 130 to the plaintiff making various false and frivolous allegations against him. The plaintiff replied to that letter on 22nd April, 1960 denying the allegations and giving his explanation thereto. According to him, no further action was taken by the Municipality and the rules which govern. the municipal employees were not observed and all on a sudden, on 9th March, 1961 Mr B. L. Gugutia, as the Chairman, issued a notice to him dismissing him from service on the ground of detection of embezzlement.

(3.) According to the plaintiff, the order of dismissal was void, illegal and infringed the rules governing the municipal employees and that he was entitled to get a declaration that he was still an employee of the Municipality and entitled to get his pay and other privileges including arrears of pay and that his services had not been terminated by the Board of the Dhanbad Municipality. He accordingly, claimed a sum of Rs. 7957.81 paisa as his salary from 20th May, 1955 till Feb., 1961 out of which he admitted to have got Rs. 2828.50 paise from time to time and thus Rs. 5129.31 paise was due. He further claimed a sum of Rs. 3899.37 paise at the rate of Rs. 114/11/- from the month of March, 1961 to Dec, 1963 and his provident fund which, according to him, was approximately a sum of Rs. 2926/- besides the security of Rs. 150/- which was deposited by him and to which he was entitled to get a refund with interest. The plaintiff, in all, claimed Rs. 12,134.68 paise as given in schedule A of the plaint. According to the plaintiff, notice under S. 377 of the Bihar and Orissa Municipal Act had been served on the defendants on 6th Jan., 1964 making a demand of the aforesaid sum but he was neither paid any amount nor he received any reply.