TMI Blog1982 (10) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... o an application made by the respondent and the last paragraph of the Resolution makes it clear that a fresh appointment was given. By another Resolution Ext. 7 of the same date the request of the respondent for salary and wages for the suspension period was rejected and it was made abundantly clear that a fresh appointment was given to the appellant with effect from August 28, 1963. This fresh appointment came to the notice of the Local Self Government Department of Rajasthan Government. The Department concerned made an Order No. 18(a)(131) DLB/65/23473 dated July 21, 1965, by which the Municipal Board was directed to terminate the service of the respondent being in violation of the Rajasthan Civil Service (Classification, Control Appeal) Rules, 1958. Accordingly the service of the respondent was terminated with effect from August 31, 1965. 2. The respondent filed a suit in the Court of Civil Judge, Pratabgarh, for a declaration that the order terminating his service was void ab initio and that no fresh appointment was given but after setting aside the suspension order he was reinstated. It was contended on his behalf that he being a permanent employee his service could not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be dismissed and no enquiry would also be necessary before imposing the penalty of dismissal from service. Therefore, it becomes abundantly clear from the Resolution Ext. 6 that there was termination of service but on the request of the respondent the Municipal Board made a fresh appointment. The Municipal Board in giving the fresh appointment appears to have been influenced by the fact that respondent was a technical hand and he was very intelligent and even during the period of suspension he used to come to the office and completed the work assigned to him by the Board. This humanitarian consideration appealed to the Board to give him a fresh appointment. It appears 20 that the respondent had sought reinstatement meaning thereby revocation of the order of suspension and continuity of service. The Resolution Ext. 7 clearly shows that this request was rejected. The relevant portion of the Resolution reads : Demand made by the oversear about the salary of suspension period is not proper in the Board's opinion. Therefore, this prayer of the oversear...is rejected. If an employee was under suspension during trial and ultimately he was convicted for an offence involving mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of the matter. The submission is that the jurisdiction of this Court under Article 136 of the Constitution is discretionary and, therefore, this Court is not bound to tilt at every approach found not in consonance or conformity with law but the interference may have a deleterious effect on the parties involved in the dispute. Laws cannot be interpreted and enforced divorced from their effect on human beings for whom the laws are meant. Undoubtedly, rule of law must prevail but as is often said, 'rule of law must run akin to rule of life. And life of law is not logic but experience.' By pointing out the error which according to us crept into the High Court's judgment the legal position is restored and the rule of law has been ensured its prestive glory. Having performed that duty under Article 136, is it obligatory on this Court to take the matter to its logical end so that while the law will affirm its element of certainty, the equity may stand massacred. There comes in the element of discretion which this Court enjoys in exercise of its extraordinary jurisdiction under Article 136. In approaching the matter this way we are not charting a new course but follow the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e equitable considerations and mould the final order in exercise of its extra-ordinary jurisdiction. Any other approach would render this Court a normal court of appeal which it is not. 7. The position that emerges from the facts is that the respondent, a petty employee-an overseer-strayed from the path of virtue when he was convicted for attempting to accept a paltry bribe and was sentenced to pay a fine of ₹ 200/- only. The Municipal Board which itself must have taken umbrage at such deviation from the path of rectitude by its employee was influenced by the sincerity, capacity and capability of the respondent when it noted while giving a fresh appointment that the respondent worked even during the period of suspension and that too at the behest of the Municipal Board, and, therefore, it was persuaded to overlook the lapse on the part of the respondent in giving a fresh appointment and that too after seven years' service at the entry scale for the Oversear. Respondent served for a period of two years thereafter when his service was terminated pursuant to a directive of the local Self Government Department of Rajasthan State. And since 1965 the respondent has been chas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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