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1990 Supreme(Guj) 81

P.R.GOKULAKRISHNAN, C.V.JANI
B. K. SHUKLA – Appellant
Versus
NATVERLAL RATANJI KEVAT – Respondent


Advocates Appeared: P.M.RAVAL, Sandip C.Shah, Y.V.SHAH

C. V. JANI, P. R. GOKULAKRISHNAN, J.

( 1 ) THIS Letters Patent Appeal is directed against the order of the learned single Judge dismissing the Special Civil Application filed by the appellant herein. Chief Officer of Billimora Nagarpalika came forward with Special Civil Application No. 822 of 1983 questioning a resolution passed by the Municipality by 2/3 majority under Sec. 48 of the Gujarat Municipalities dismissing him from the post of Chief Officer. The learned single Judge of this High Court after considering all the points raised by Mr. Raval learned Counsel appearing for the appellant herein dismissed the Special Civil Application and hence this Letters Patent Appeal has been filed.

( 2 ) MR. Raval learned Counsel appearing for the appellant raised five contentions before us. The first contention is that the President of the Nagarpalika has no power to issue chargesheet against the appellant herein. Since the Municipality is the appointing and removing authority 85 per the provisions of the Statute the original chargesheet issued by the President calling for explanation from the appellant herein is itself vitiated. Meeting this contention we are of the view that there is no s









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