Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1971 Gujarat Civil Services (Disciplinary and Appeal) Rules Rule 6 Order of dismissal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971 – Rule 6 – Respondent was discharging his duty as city engineer of the appellant-Municipal corporation – Respondent was charged with irregularities in the execution of work and construction of roads – Commissioner of the Municipal Corporation passed a dismissal order against the respondent – Respondent challenged the dismissal order before the High Court, arguing that the Commissioner lacked the authority and jurisdiction – Appellant corporation submitted that under Resolution No.51, the commissioner had passed the final order and his order was ratified by the General body of corporation – Single Judge of the High Court quashed the dismissal order based on the lack of authority of the Commissioner – The Division Bench upheld the decision of the Single Judge – On appeal, held: The High Court have rightly observed that the Resolution No.51 did not authorize and confer any power upon the Commissioner to take action with respect to any other lapses other than the purchases – However, the General Board had the power to pass an order of dismissal and the decision of the Commissioner was placed before the General Board and the decision was ratified – Therefore, the dismissal can be said to be an order passed by the General Board – Judgment of High Court quashed and set aside – Order of dismissal restored. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 474 |
Petitioner | Municipal Commissioner, Jamnagar Municipal Corporation And Anr. |
Respondent | R. M. Doshi |
SCR | [2023] 4 S.C.R. 1109 |
Judgement Date | 2023-05-02 |
Case Number | 6069 |
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