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2019 Supreme(Chh) 200

RAM PRASANNA SHARMA
Arun Kumar Chandrakar – Appellant
Versus
Nagar Palika Parishad – Respondent


Advocates Appeared:
Sushobhit Singh, Adv., Sudeep Agrawal, Adv., Afroz Khan, Adv.

JUDGMENT :

Ram Prasanna Sharma, J.

This appeal is preferred under Section 100 of the Code of Civil Procedure, 1908 against the judgment/decree dated 14-3-2006 passed by 1st Additional District Judge, Mahasamund (CG) in Civil Appeal No. 9-A/2001 wherein the said court reversed the judgment and decree dated 19-1-2001 passed by the 1st Civil Judge, Class-II, Mahasamund in Civil Case No. 143-A/1998 and dismissed the suit filed by the appellants.

2. The appellants who were posted as Moharir in Nagar Palika Parishad, Mahasamund, Dist. Mahasamund (CG) had instituted a civil suit for reinstatement of their services which were terminated on 22-7-1994. Both appellants were charge-sheeted for manipulation in the recovery of taxes and its receipt books inter alia that they have not deposited the amount of taxes which were recovered by them through receipt book of Nagar Palika Parishad.

3. Learned counsel for the appellants would submit that the court below failed to appreciate that the order of termination passed by the respondent authority is ab initio wrong. The appellants were not provided an opportunity of hearing and they could have been terminated only after the prior sanction of the State G












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