H.R. Sodhi, J. - (1.) THIS is a letters patent appeal filed by the State of Punjab against the judgment of a learned single Judge who while accepting Civil Writ No. 2217 of 1966 preferred by the Municipal Committee, Morinda, District Ambala, quashed an order of the State Government passed under Section 235 of the Punjab Municipal Act, 1911, hereinafter referred to as the Act.
(2.) FACTS are not in dispute and can be stated in a narrow compass. Krishan Parkash Garg, Respondent No. 2, in this appeal had been appointed as Tax Clerk (temporary) by the Municipal Committee. The Committee by its resolution No. 31, dated 23rd January, 1962, terminated the services of this Respondent on account of financial stringency and in fact abolished the post of the Tax Clerk and also one other post. Krishan Parkash represented against the termination of his services to the Deputy Commissioner who by his order dated 15th March, 1962, suspended the execution of the resolution as he thought the same to be against public interest and likely to cause loss to the municipal funds since in his opinion collection of tax was likely to be retarded in the absence of a Tax Clerk. The Governor of Punjab subsequently by an order dated 9th January, 1963, rescinded the order of the Deputy Commissioner with the result that the resolution of the Committee abolishing the post of Tax Clerk was restored. During President's rule, Krishan Parkash submitted a memorial to the Government of Punjab and the matter was reconsidered. By an order dated 22nd July, 1966, the President of India recalled the earlier order of the State Government and held the resolution of the Committee to be invalid. The reasons for the order as they appear therein are that Krishan Parkash was a permanent employee of the Committee and abolition of the post with the necessary consequence of termination of his services, when juniors to him were still in service, amounted to an order of dismissal and that the statutory rules framed under Section 240 of the Act, regarding procedure to be followed before dismissing a municipal employee had not been complied with. Reliance was placed on Section 19 of the Punjab General Clauses Act, 1898, for rescinding the previous order of the State Government. A declaration was also given in the impugned order that Krishan Parkash stood restored to the service with effect from the date his services were terminated and that he was entitled to full pay and allowances. It is this order (appended as Annexure 'E' with the writ petition) the validity of which was challenged by the Municipal Committee in the writ petition.
(3.) THE learned Single Judge relying on two judgments of this Court, one in Hardyal Rai v. The State of Punjab and Ors. C.W. No. 1084 of 1962 decided on 26th August, 1964, and the other reported as Karnail Singh v. The State of Punjab and Ors., 1966 P.L.R. 890, held that it was not within the competence of the State Government to recall in the name of the President, after a lapse of about four years, the previous order passed under Section 235 of the Act.;