T.C.Shrivastava, J. - (1.) THE suit out of which this second appeal arises was filed by the Respondent against the Appellant for a declaration that she continue in service of the Appellant and for arrears of salary in lieu of damages for wrongful dismissal.
(2.) THE Respondent was employed by the Appellant Municipal Committee of Dongargarh as a teacher in Municipal Primary Girls School from 1 -5 -1949. The Plaintiff's case is that on 17 -12 -1949 by a resolution of the Municipal Committee she was confirmed as Assistant Mistress with effect from 1 -5 -1949. On 11 -12 -1952 the Municipal Committee passed a resolution terminating her services with effect from 1 -5 -1953. She claimed that the termination of the service was contrary to the rules framed under the Central Provinces and Berar Municipalities Act, 1922 (hereinafter referred to as the Act) and therefore the order is illegal and inoperative. She; therefore, sought a declaration that she still continues in service and claimed arrears of pay. The Municipal Committee, Dongargarh admitted that the Plaintiff was employed temporarily from 9 -1 -1949 but stated that the confirmation by the resolution dated 17 -12 -1949 was contrary to rules and therefore the Plaintiff continued as a temporary servant. It was also contended that the Plaintiff was not a trained teacher and as the Additional Inspectress of Schools objected to the continuance of untrained teachers, the Municipality resolved to terminate the services of the Plaintiff along with three others. It was admitted that no departmental enquiry was held before the termination but it was pleaded that this was not necessary as the removal was not by way of punishment. The discharge of the Plaintiff after givining her one month's notice was according to the Defendant, legal. It was also pleaded by the Municipal Committee that the claim was barred by time.
(3.) THE Courts below have held that the Plaintiff had been confirmed in her appointment as an Assistant Mistress. The termination of the Plaintiff's services amounted to removal within the meaning of the rules framed under Section 25(7)(i) of the C. P. and Berar Municipalities Act, 1922 and could not be ordered without a departmental enquiry as prescribed in Rule 2 (a) of those rules.;