NEMICHAND S/O. UTTAMCHAND JAIN Vs. COMMISSIONER

JUDGEMENT

(1.) THIS is an appeal by Nemichand under Section 14(3), Central Provinces Local Fund Audit Act, 1933, to set aside the order dated 28th August 1941 passed by the District Judge, Wardha, in Miscellaneous Judicial case No. 4 of 1944 upholding the order of the Commissioner, dated 22nd December 1943.

(2.) THE relevant facts which led to the present appeal are briefly these. Govind Suryabhan Wankhede was a Water Works Overseer employed by the Municipal Committee, Arvi and was drawing Rs. 90 P.M. as his salary. He was removed from service by the resolution of the Municipal Committee passed on 30th August 1937. This order was set aside on appeal by the Deputy Commissioner, Wardha, on 2nd May 1938. The Municipal Committee filed an appeal before the Commissioner, Nagpur Division which was dismissed on 29th October 1938 on the ground that the appeal was not competent. The Municipal Committee consulted Mr. Thengdi, an advocate, whether a revision application should be filed before the Provincial Government against the order of the Commissioner. Mr. Thengdi was of the opinion that the order of the Commissioner was wrong and advised the Municipal Committee to file a revision application. Accordingly a resolution was passed by the Municipal Committee on 7th December 1938 sanctioning the filing of a revision application. At that meeting eight municipal members were present and Nemichand the appellant was one of them.

(3.) THE appellant was thus made liable for the payment of Rs. 7-8-8 under the order of the Commissioner. The members who were made liable for the payment of Rs. 7-8-3 filed applications to set aside the order of the Commissioner. All these cases were consolidated by the order of the District Judge, Wardha, who upheld on 28th August 1944 the order of the Commissioner. It is against the order of the District Judge that the present appeal has been filed.