JUDGMENT

Kuldip Singh, J.-The appellant was employed as an Overseer with Morvi Municipality in Rajkot District, State of Gujarat. He was dismissed from service by a resolution dated December 1, 1970 passed by the Municipality. The appellant challenged the order of dismissal by way of a civil suit. The trial Court dismissed the suit. The appellate Court, however, reversed the findings of the trial Court and decreed the suit. The second appeal filed by the Municipality was allowed by the High Court and the judgment and decree passed by the first appellate Court was set aside and the suit of the appellant was dismissed on the ground that the same was barred by limitation under Section 253(1) of the Gujarat Municipalities Act, 1963 (the Act). This appeal by way of special leave is against the judgment of the High Court.

2. It is not disputed that before passing the order of dismissal it was mandatory for the Municipality to have followed the procedure laid down under the Morvi City Municipal Officers and Servants, Conduct, Discipline, Dismissal, Penalty and Appeal etc., Rules, 1960 (the Rules). Rule 35 of the Rules, which is relevant is as under :

"Before imposing the penalty under sub-se