Beg, J. - (1.) THIS is a Plaintiff's appeal arising out of the dismissal of his suit for a declaration that the resolution of the Municipal Board, Kanpur dated 3 -3 -1951 purporting, to dismiss him was ultra vires, illegal and void. The Plaintiff's further claim for recovery of arrears of salary and damages etc has also been dismissed.
(2.) THE suit was brought by the Plaintiff Sita Ram Goel of the allegation that he was appointed as a qualified Drainage Overseer by Defendant No. 1, the Municipal Board, Kanpur,on 5 -3 -1937 with the approval of the Superintending Engineer, Public Health Department, Lucknow. It was alleged by the Plaintiff that during the discharge of his duties, the Plaintiff had incurred the displeasure of Sri S.B. Gupta, Defendant No. the Municipal Engineer, Kanpur Municipality, Shri Brahma Nand, Misra, Defendant No. 3, the then Chairman, Kanpur Municipality, and the members of the Municipal Board, Kanpur. Defendants Nos. 2 and 3 bore malice against the Plaintiff, While the Plaintiff was supervising, the construction of Jawaharnagar School Building, he was asked by Defendant No. 12 to prepare a false bill. On the Plaintiff's refusal to do it, Defendant Nos. 2 and 3 got annoyed which him and they got a resolution passed by the Municipal Board, Kanpur to the effect that charges be framed against him. Accordingly, Defendant' No. 2, Sri S.B. Gupta framed five charges against -the Plaintiff. Thereupon the Plaintiff applied to Shri Brahma Nand Misra, the Chairman Municipal Board, Kanpur, that an opportunity the given to him to be heard person ally by the Board. The Chairman rejected this prayer of the Plaintiff and himself conducted the enquiry against him. The Chairman found the explanation submitted by the Plaintiff as unsatisfactory, and directed the Executive Officer to ask the Plaintiff to show cause why his case should not be recommended to the Board for dismissal. The Executive Officer forwarded a copy of the aforesaid order to the Plaintiff compliance and explanation within three days. The Plaintiff submitted his explanation on 6 -2 -1951. on 19 -3 -1951, a copy of resolution. No. 1723 passed by the Board on 5 -3 -1951, purporting to dismiss the Plaintiff was handed over to him. The Plaintiff filed a departmental appeal to the U.P. Government, Defendant No. 4, on 7 -4 -951, but he was informed by a G.O. dated, 7 -4 -1952 that the said appeal was rejected. This information was received by the Plaintiff on 8 -4 -1952. On 8 -12 -1952, the Plaintiff filed the present suit impleading the Municipal Board, Kanpur, Shri S.B. Gupta, Municipal Engineer, Kanpur, Shri Brahma Nand Misra, Chairman, Municipal Board, Kanpur, and the Government of UP. In this suit, he challenged the legality of the dismissal order on the ground that the previous approval of the Superintending Engineer for his dismissal was not taken as required by the Rules, that the Plaintiff was denied an opportunity of being heard by the Board, that no notice to show cause against the proposed punishment was issued to him by the Board nor were the charges framed by it, that the dismissal order did not specify the charges, that some of the grounds on which he was dismissed did not, form the subject -matter of the charges at all and that, in any cast, the charges were false and malicious. The Plaintiff, accordingly, prayed -for a declaration that the order of dismissal was ultra vires and void and claimed a total amount of Rs. 10,131 in respect of damages, allowances for doing officiating work, bonus, arrears of salary and provident fund. The main contesting Defendant Was Defendant No. 1, Defendant No. not Put in appearance. Defendant No. Adopted the pleas of Defendant No 1. Defendant No. 4 did not admit the plaint allegations and contended that it had been unnecessarily impleaded.
(3.) THE suit was contested mainly on the grounds that the order of dismissal was not vitiated on the ground of illegality or irregularity, that the Plaintiff was not a qualified Drainage Overseer, and, in any case, the suit was barred by limitation.;