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PETITIONER: SITA RAM GOEL
Vs.
RESPONDENT: THE MUNICIPAL BOARD, KANPUR ANDOTHERS
DATE OF JUDGMENT: 19/08/1958
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. DAS, SUDHI RANJAN (CJ) DAS, S.K. KAPUR, J.L. SUBBARAO, K.
CITATION: 1958 AIR 1036 1959 SCR 1148
ACT: Limitation-Dismissal of employee by Municipal Board-Rejec- tion of appeal to Government-Suit against order of dismissal after disposal of appeal-Period of limitation-U. P. Municipalities Act, 1916 (U. P. 2 of 1916), ss. 58, 69, 326.
HEADNOTE: The appellant was appointed as overseer by the Municipal Board, Kanpur, on March 5, 1937, and continued in its service up to March 19, 1951, when a copy of the resolution passed by the Board on March 5, 1951, purporting to dismiss him from service was handed over to him. On April 7, 1951, he filed an appeal to the Government against the order of dismissal from service, but he was informed on April 8, 1952, that his appeal was rejected. Thereafter on December 8, 1952, the appellant instituted a suit challenging the legality of the order of dismissal on various grounds, and the question arose whether the suit was within time. Sub- section (I) Of s. 326 of the U. P. Municipalities Act, 1916, provided that no suit shall be instituted against a Municipal Board " until the expiration of the two mont...