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Supreme Court of India 2023-05-02 allowed

Municipal Corporation and Anr vs R.M. Doshi

Bench: 2 — M.R. Shah, J.B. Pardiwala

In Brief

A city engineer was dismissed by the Municipal Commissioner for irregularities in road construction work. The High Court quashed the dismissal on the ground that the Commissioner lacked authority under the governing Resolution. The Supreme Court allowed the appeal, holding that although the Resolution limited the Commissioner's power to purchase-related lapses, the General Board subsequently ratified the dismissal order. Ratification by the competent authority cured the defect and made the dismissal lawful retroactively. However, the Court directed that the interim amount of Rs. 10,000 monthly paid during the stay should not be recovered from the respondent."

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