S. R. TEWARI versus DISTRICT BOARD AGRA AND ANOTHER

S. R. TEWARI versus DISTRICT BOARD AGRA AND ANOTHER

The Board had statutory power under s. 82 of the U.P. District Boards Act, 1922, read with relevant rules, to terminate the employment of its Engineer otherwise than by way of dismissal as punishment, and the procedure for such termination was followed. The High Court's jurisdiction to declare actions of statutory bodies invalid in writ petitions exists, but in this case, since the Board acted within its statutory powers and there was no pleading or proof that the termination was, in substance, a punitive dismissal camouflaged as termination simpliciter, the relief sought by the appellant could not be granted.

Parties
Appellant: S. R. Tewari; Respondent No. 1: District Board Agra; Respondent No. 2: State of U.P.
Jurisdiction
India
Judgment Date
15 April 1963
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision on Appeal From the Allahabad High Court, Which Dismissed a Writ Petition Under Article 226
Outcome
Appeal dismissed
Legal Topics
Termination of Service, Writ Jurisdiction Under Article 226, Public Employment, Statutorily Imposed Obligations, Master and Servant Relationship
Administrative Law Employment Law Constitutional Law Termination of Service Writ Jurisdiction Under Article 226 Public Employment Statutorily Imposed Obligations Master and Servant Relationship

Case Brief

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Parties

S. R. Tewari

Appellant

District Board Agra

Respondent No. 1

State of U.P.

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision on Appeal From the Allahabad High Court, Which Dismissed a Writ Petition Under Article 226

Legal Issues

  1. 1 Whether the District Board had power under the U.P. District Boards Act, 1922 to terminate the employment of its Engineer (the appellant) otherwise than by way of dismissal as punishment
  2. 2 Whether the High Court could declare the act of a statutory body invalid in a writ petition under Article 226 where the body has acted in breach of a mandatory statutory obligation

Ratio Decidendi

The Board had statutory power under s. 82 of the U.P. District Boards Act, 1922, read with relevant rules, to terminate the employment of its Engineer otherwise than by way of dismissal as punishment, and the procedure for such termination was followed. The High Court's jurisdiction to declare actions of statutory bodies invalid in writ petitions exists, but in this case, since the Board acted within its statutory powers and there was no pleading or proof that the termination was, in substance, a punitive dismissal camouflaged as termination simpliciter, the relief sought by the appellant could not be granted.

Court Disposition

Appeal dismissed

Orders

  • There will be no order as to costs in this Court.