- (1.) This appeal is directed against an order and judgment of D. Basu J. dated July 10, 1964, by which the learned Judge made a Rule absolute.
(2.) The Petitioner in the Rule, who is the Respondent before Us, was appointed officer-in-charge of the Public Works Department of the Baranagore Municipality on August 17, 1960, on probation for a period of six months on a salary of Rs. 130 (in the scale of Rs. 130-5-200) plus clearness allowance of Rs. 40 per month and other allowances. By the letter of appointment he was informed that the fixation of revised scale of pay for the employees was under the active consideration of the Commissioners and the benefits of the revised scales of pay, if sanctioned, were due to be implemented at the time of confirmation. Thereafter the Petitioner was confirmed in his appointment with effect from January 17, 1961, in the sanctioned scale of pay, i.e. Rs. 130-5-200, plus usual allowance. Sometime thereafter certain disciplinary proceedings were initiated by the Commissioners against the Petitioner on certain allegations. The said proceedings terminated in an order of dismissal made by the Commissioners by a resolution passed in a special meeting held on February 23. 1962. By the Rule the Petitioner challenged the validity of that resolution.
(3.) Reference may be made at this stage to Section 66(2) of the Bengal Municipal Act, 1932. Section 66 of the Act, it may be pointed out, deals with appointment of subordinate officers, Sub-section (2) of the said section reads: 66(2). Subject to the scale of establishment approved by the Commissioners under Sub-section (1) the Chairman shall have the power to appoint such persons, as he may think fit and from time to time to remove such persons and appoint others in their place: Provided as follows: (i) a person shall not be appointed to an office carrying a monthly salary of more than fifty rupees or a salary rising by periodical increments to more than fifty rupees without the sanction of the Commissioners at a meeting and an officer or servant whose post carries a monthly salary of more than twenty rupees shall not be dismissed without such sanction; (ii) no appointment carrying a monthly salary of more than two hundred rupees or a salary rising by periodical increments to more than two hundred rupees shall be created without the sanction of the State Government and every nomination to and dismissal from, any such appointment shall be subject to confirmation by the State Government; (iii) no person holding an office carrying a monthly salary of one hundred rupees or more shall be dismissed unless such dismissal is sanctioned by a resolution of the Commissioners passed at a special meeting called for the purpose and except with the consent of the (State Government) unless such resolution has been supported by the votes of not less than two-thirds of the total number of Commissioners holding office for the time being.;