BISHAMBER NATH NEHRU Vs. HIS HIGHNESS GOVT , J&K

JUDGEMENT

(1.) THIS is plaintiffs first appeal and arises out of a suit instituted by him against His Highnessâ„¢ Government, Jammu and Kashmir, through the Chief Secretary and the Municipal Committee Srinagar for declaration that the plaintiffs termination of service was illegal and ineffectual and that he was not inefficient and negligent in discharging his responsibility in respect of Karan Nagar Scheme and that, therefore, he was still entitled to hold office as president and member of the Municipal Committee and to recover his salary and all other rights and privileges of service from the date they were with -held.

(2.) THE case for the plaintiff briefly stated was that he was working as a High Court Pleader in Srinagar. He obtained training in Municipal Administration in British India & was selected & appointed as President of Municipal Committee Srinagar with effect from first Baisakh 1982 on a progressive salary of Rs. 300 -20 -500 by His Highness -in Council on behalf of the Municipal Committee. The plaintiff was paid from the Municipal funds and his appointment at first was renewable from term to term but later on at his representation the Council by means of their resolution No. 4 of 5th July, 1926 ordered that the law in question that stood against the confirmation of the plaintiff be amended. Subsequently on the proposal of the then Honâ„¢ble Public Works Minister, His Highness -in -Council sanctioned the amendment of the law, and the confirmation of the plaintiff in his post. The plaintiff continued in service from first Baisakh 1982 to 30!th Sawan 1996. The plaintiff alleged that he was treated all alone as a Gazetted Officer of the Government and was held subjected to all the limitations and rules and transfers and entitled to all the rights and privileges of a Gazetted Officer having the same status, cadre and rank as of any other Gazetted Officer of the State and that his services were not terminable at will. It was averred by the plaintiff that His Highnessâ„¢ Government issued a questionnaire to the then Secretary to Government. Municipal Branch and to the plaintiff separately for eliciting information on certain matters connected with the Karan Nagar Scheme. The plaintiff replied to the questionnaire and without giving him any opportunity to clarify the possible misunderstanding in respect of the scheme his services were terminated by Council Order No. 830 -C of 1939, dated 8 -8 -1939 on the ground that the plaintiff had shown gross inefficiency, culpable negligence and deliberate evasion of responsibility in respect of the Karan Nagar Scheme and his general work was not satisfactory. The plaintiff impugned this order as being illegal and ultra vires and hence brought the suit.

(3.) THE suit was resisted by the defendants on the ground that although the appointing authority was the Government in the case of the President the plaintiff was never a State employee and was in the employment of the Municipal Committee and was paid out of the Municipal funds that the plaintiff by virtue of his being the President was a member of the Municipal Committee and as such used to preside over its meetings and lastly that the plaintiffâ„¢s conduct came under inquiry in connection with the Srinagar Extension Scheme of Karan Nagar and. after due investigation it was found that he was guilty of gross inefficiency, culpable negligence -and deliberate evasion of responsibility in respect of Karan Nagar Town Improvement Scheme and his general work and conduct were found unsatisfactory and therefore his services were terminated by Council order dated the 8th August 1939 which was communicated to the plaintiff on the 14th August 1939. Lastly it was averred that defendant No. 1 was competent to terminate the services of the plaintiff and had done so after due enquiry and on sufficient grounds and that the Kashmir Civil Service Rules and the Public Servantsâ„¢ Inquiries Act did not apply to his case. The plaintiff was not entitled to he reinstated and was entitled to one monthâ„¢s pay according to Municipal Rules.