TMI Blog1969 (8) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... illegal and that the plaintiff was still on the post of Removal Sub-Inspector and a decree against the defendant for ₹ 7,488/- on account of salary at the rate of ₹ 104/- p.m. from 15th April, 1953 till the date of institution of the suit, viz., 15th April, 1959 and other reliefs. The trial court decreed the suit. The lower appellate court set aside the decree. The High Court restored the decree passed by the trial court. 3. The case of the plaintiff Niyamatulla was that the plaintiff was suspended by the order of the Municipal Engineer dated 15th April, 1953. One Shri Ghatpande who acted in place of the Municipal Commissioner in the month of May 1953 directed the dismissal of the plaintiff. The plaintiff contended that the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, from time to time, according to the Indore Civil Service Regulations. (b) During such absence of the Commissioner the Government may appoint any person to act as Commissioner. Every person so appointed shall exercise the powers and perform the duties conferred and imposed by the Act or by any other enactment at the time in force, on the person for whom he is appointed to act, and shall be subject to the same liabilities, restrictions and conditions to which the said person is liable and shall receive such monthly salary as may be determined by the Government. . . . In order to rest the defence on Section 13 of the Indore Act, it has to be first found out that there is an appointment by the Government of any person to act as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on prescribed by the Act did not apply. The District Judge did not accept that contention on the reasoning that the plaintiff was not under any contract of service and Article 115 applied to compensation for breach of contract. The District Judge held that Article 14 of the Limitation Act, 1908 would apply when an order of an officer in his official capacity was set aside and no special period of limitation was prescribed. 9. In the High Court the Municipal Corporation repeated the plea under Section 135 of the Indore Municipal Act, 1909. The High Court, however, repelled that contention by holding that Shri Ghatpande was not the Commissioner when he passed the order, and, therefore, the order being without jurisdiction, the provisions c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n opportunity to the persons mentioned in the section to make amends within the period of notice. The suit that was filed in the present case was not in respect of any act done or purported to be done under the Act. 12. This Court in the case of Bharat Kala Bhandar Ltd. v. Municipal Committee, Dhamangaon [1966]59ITR73(SC) examined the provisions of Section 48 of the Central Provinces and Berar Municipalities Act, 1922 which was to the effect that no suit shall be instituted against any Committee or any member, officer or servant thereof or any person acting under the direction of any such committee, member, officer or servant for anything done or purporting to be done under the Act, until the expiration of two months next after notice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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