Malik, C.J. - (1.) The plaintiff was an employee of the Municipal Board. He was appointed by the Municipal Board in the grade of Rs. 30-2 50 on an initial salary of Rs. 40 on 17 6-1931. On 16-6-1932, he was confirmed in his post and the duties assigned to him were to look after the cases in Courts of law on behalf of the Board. In June 1936 he was drawing a salary of Rs. 50 which salary be continued to draw till 2-9-1941, when he was suspended on certain charges. On 4-1-1943, he was acquitted of one charge and on 1-1-1943, he was discharged of the other charge. On 7-3-1943, he was remstated but the Commissioner raised certain objections and ultimately on 22-12-1943, the Board terminated his service and dismissed him. The plaintiff filed a suit on 22-12-1944, claiming that, on his reinstatement in 1943 he became entitled to get his full salary for the period during which he was under suspension i.e. from 2-9-1941 to 7-3-1943. The suit was brought against the Kanpur Municipal Board through its Chairman.
(2.) The Board took various objections. One of the pleas raised on behalf of the Board was that the suit was barred by limitation The provision relied on by the Board was Section 326, D. P. Municipalities Act (II [2] of 1916). The relevant portion of Section 326 is as follows : "No suit shall be instituted against a board, or against a member, officer or servant of a Board, in respect of an act done or purporting to have been done in its ..... Official capacity, until the expiration of two months next after notice in writing has been, in the case of a board, left at its office,.... explicitly stating the cause of action, the nature of the relief Bought, the amount of compensation claimed and the name and place of abode of the intending plaintiff ..... (2) ..... (3) No action such as is described in Sub-section (1) shall, unless it is an action for the recovery of immovable property or for a declaration of title thereto, be commenced otherwise than within six months next after the accrual of the cause of action."
(3.) The learned Judge of the Court of Small Causes held in favour of the Board on this point and also on another point that was raised on its behalf, and dismissed the suit.;