O.H.Mootham, C.J. - (1.) This is a petition under Article 226 of the Constitution.
(2.) The facts can be stated very shortly. In 1943 the petitioner was appointed as the engineer to the respondent board, and later in that year he was confirmed in this appointment. He thereafter served the board until the 18 October 1954, when a resolution was passed by the board that his services be terminated and he be given three months' pay in lieu of notice. The petitioner sought to appeal against this order to the State Government, but the latter declined to intervene. The petitioner then filed this petition which came on for hearing before Mr. Justice Mehrotra, who being of opinion that it raised a question of law of some importance has referred it to a Bench.
(3.) The argument for the petitioner, which has been stated very succinctly by Mr. S.N. Kackar, is that although the board had the power to punish or dismiss the petitioner, it had no power otherwise to terminate his services in the absence of a special contract which did not exist in this case. In order to appreciate the argument it is necessary to refer to certain sections of the District Boards Act, 1922, and to a rule made thereunder. Section 82 of this Act, so far as is material for our present purpose, reads thus: 82 ... the power to decide all questions arising in respect of the service ... of servants of the board, who are employed ... on a monthly salary of more than Rs. 40 and the power to appoint, grant leave of absence to, punish, dismiss, transfer and control such servants of the board, shall vest in the president ... Provided first, ... Provided secondly, ... Provided thirdly, that the provisions of this section shall be subject to the provisions of Section 84: Provided fourthly, that the power to appoint and dismiss the engineer ... of the board shall vest in the board, subject, in the case of dismissal, to a right of appeal to the State Government within one month of the order of dismissal. Section 84 then provides that 84. The provisions of Sections 72, 73, 80 and 82 shall be subject to the provisions of (a) ... (b) ... (c) ... (d) any other relating to servants of a board.;