Judgment

RAY, J. (for himself and on behalf of SIKRI, C.J.I. and PALEKAR and DWIVEDI, JJ.) :- The question which falls for determination in this appeal by special leave is whether the respondent is entitled to a declaration in a suit filed by her that her dismissal by the appellant Municipality referred to as the Municipality was illegal and void.

2. The respondent was an employee of the Municipality. Her services were terminated by a resolution dated 23 March, 1955. She was dismissed from service. She filed this suit for a declaration that the resolution of the Municipality dismissing her from service was void and that she continued to be in service of the Municipality and was entitled to emoluments from the date of the resolution up to the date of the suit.

3. The Municipality is governed by the Bombay District Municipalities Act, 1901 referred to as the Act. Section 46 of the Act provides that the Municipality shall make rules in respect of matters enumerated in that section. Clause (g) of Section 46 empowers the Municipality to frame rules regulating inter alia the period of service, the conditions of service etc.

4. Rule 183 framed by the Municipality provides that except in the c