SHRI VISHWAS ALIA BALU BABURAO KORAVI AND SHRI DINKAR DATTOBA BOADAKE Vs. THE COMMISSIONER, KOLHAPUR MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE common question of facts and law involved in these two matters is one and the same, have these complaints are decided by this common judgment and order. The Complainants case briefly stated is as under: -

(2.) THE Respondent has contested the complaints by filing written statement at Exh. C -6 and contended that the Complainants are baseless devoid of any truth and illegal. The complaints are not tenable under law in view of the fact that they are filed against suspension. The relief claimed in respect of suspense allowance is not correct and legal under item 5, 9 and 10 of Sch. IV of the Act. This Court has therefore no jurisdiction to try the same. The Complainants have sought recovery of suspension which is nothing but abuse of process of law. Therefore it is not maintainable. On these and other grounds, it is prayed that the complaints be dismissed with costs.

(3.) IT is pertinent to note that the Complainants were working with the Respondent as peons and thereafter as clerks. On 29th April, 1986, the Complainants were suspended on the ground that they had committed misappropriation of Rs. 43,450/ -. The Respondent also prosecuted the Complainants.