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by Admin
07 May 2024 2:49 AM
On 2 May 2023 , In a significant Judgement Municipal Commissioner, Jamnagar Municipal Corporation and Anr Vs. R.M. Doshi , the Supreme Court of India has restored the dismissal order against a Municipal Corporation officer, holding that the subsequent ratification by the General Board validated the decision.
The case involved R.M. Doshi, who served as the City Engineer of the Jamnagar Municipal Corporation. Allegations of irregularities were levelled against Doshi, leading to a departmental inquiry. The Inquiry Officer submitted a report, following which the Commissioner of the Municipal Corporation issued a dismissal order on December 7, 1998.
Dissatisfied with the dismissal order, Doshi approached the High Court of Gujarat. The learned Single Judge allowed his petition, setting aside the dismissal order on the grounds that the Commissioner lacked the power and authority to impose a major penalty. The Judge ruled that the Commissioner's jurisdiction was limited to irregularities in purchases, as per Resolution No. 51 passed by the General Board.
The Municipal Corporation appealed against the Single Judge's decision, but the Division Bench of the High Court dismissed the appeal, affirming the Single Judge's findings. Aggrieved by this decision, the Municipal Corporation approached the Supreme Court.
During the proceedings, the appellant argued that Resolution No. 51 empowered the Commissioner to take action against officers for lapses and negligence in various works, including purchases. They contended that the subsequent ratification of the Commissioner's decision by the General Board cured any defects in the dismissal order.
After careful consideration, the Supreme Court examined Resolution No. 51 and concluded that it authorized the Commissioner to take action only in cases of lapses and carelessness in purchases. However, the Court emphasized that the General Board had the power to pass an order of dismissal, which was not disputed by the respondent.
The Court relied on the principle of ratification and referred to the case of National Institute of Technology and Anr. vs. Pannalal Choudhury and Anr. (2015) 11 SCC 669. It held that when the General Board ratified the Commissioner's decision, any irregularities complained of by the respondent were cured, making the dismissal order lawful.
Consequently, the Supreme Court allowed the appeal and set aside the impugned judgments of the High Court. It restored the dismissal order against R.M. Doshi, but directed that the amount paid to him since April 1, 2012, pursuant to an earlier order of the Court, would not be recovered.
Municipal Commissioner, Jamnagar Municipal Corporation and Anr Vs. R.M. Doshi
[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/05/02-May-2023-MUNICIPAL-COMMISSIONER-VS-R-M-DOSHI.pdf"]
