PREM PRAKASH DIXIT Vs. STATE OF PUNJAB
LAWS(P&H)-1954-7-5
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 13,1954

PREM PRAKASH DIXIT Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Kapur, J. - (1.) Prem Prakash Dixit who was employed in the Water Works Department which was under the Municipal Committee, Muktsar, as Superintendent of Water Works has applied to this Court for directions against the Government of the Punjab and certain other public officers that he be restored in his office on the ground that his removal from service is contrary to the provisions of Article 311 of the Constitution of India.
(2.) On 29-12-1947 the Punjab Government suspended under Section 4 of the East Punjab Local Authorities (Restriction of Functions) Act, Act 9 of 1947, the Municipal water Works Department of Muktsar. By a notification dated 29-4-1949 the petitioner was appointed to discharge the functions of that Department, his designation being Superintendent, Water Works, on a salary of Rs. 162/- per mensem in the grade of RS. 152-8-200. This was also under Section 4 of that Act. On 19-2-1954 by another notification the Punjab Government appointed Ram Nath, opposite party No. 6, who was Assistant Foreman working under 8. D. O. Mechanical, Public Health Sub-Division, Ludhiana to discharge the functions relating to the Municipal Water Works Department of Muktsar, with the result that the petitioner's services came to an end, and on the 24th February 1954 the Secretary, Local Government Department, informed the Deputy Commissioner, Ferozepore, of this appointment, and in paragraph 4 it was stated as follows: "4. The services of Shri P. P. Dixit shall be treated as terminated under Section 45 of the Punjab Municipal Act, 1911, with effect from the date Shri Ram Nath assumes charge and he shall draw one month's pay in lieu of the notice."
(3.) The question to be decided is whether the petitioner can have the protection of Article 311 of the Constitution of India, and for that purpose it is necessary to refer to the provision of the East Punjab Local Authorities (Restriction of Functions) Act. Section 4 provides: "4. The Provincial Government, if satisfied that a local authority (not being a Cantonment Board) having jurisdiction in any notified area is incapable of performing or does not adequately perform, any or all of its functions, may suspend such branches or departments of the local authority as are entrusted with these functions, and shall appoint any person or persons either by name or designation to discharge such function or functions.";


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