D.R. CHOUDHURY Vs. R.N. DEB AND OTHERS

JUDGEMENT

(1.) This application under Art. 226 of the Constitution of India is directed against an order of dismissal dated 15-10-1969 passed by the second Respondent Abhayapuri Town Committee constituted under the Assam Municipal Act, 1956.

(2.) The petitioner was at the material time a temporary Overseer under the Town Committee. It appears there were series of allegations against him and show cause notices were also issued to which he submitted his explanation. The trouble seemed to arise because of the Vice-Chairmans inspection of the work which led to certain wordy wrangles between the petitioner and the Vice-Chairman. The petitioner also made some counter allegations against the Vice-Chairman in his letters to the Town Committee. The last show cause notice was issued by the Vice-Chairman on 28-2-1969 to which also the petitioner submitted his explanation on 3-3-1969. There are two other letters from the Vice-Chairman of 1-5-1969 wherein he requested the Town Committee to take disciplinary action against the petitioner. It is in this context that the Town Committee met on 7-7-1969 and recorded the following resolution:

(3.) It is contended on behalf of the petitioner that the Rules for appointment to services under the Board govern the conditions of service. This is also admitted by Mr. Das, who appears in support of the action of the Town Committee. We will, therefore, assume that these rules are valid and applicable although we do not decide that in this case ourselves. Both parties rely on Rule 19 of these Rules. That rule may be quoted: