AIR 1964 SUPREME COURT 1680 ::1964 ALL. L. J. 944 ::1966 (13) FacLR 104 ::1964 (1) LabLJ 1 ::1964 3 SCR 55 ::1964 2 SCJ 300 ::1964 SCD 314 ::ILR 1963 2 All 883

Supreme Court Of India

(From Allahabad : 1959 All. L. J. 197)

Hon'ble Judge(s): B. P. Sinha, J. C. Shah, N. Rajagopala Ayyangar , JJJ

(A) Constitution of India , Art.226— Engineer in service of District Board - Board terminating his service by paying salary in lieu of notice - Petition by him under Art. 226 for declaring the order unlawful and for restoring him in service - Maintainability - High Court has jurisdiction to entertain the petition - Jurisdiction is not restricted by S. 21 (b) of Specific Relief Act. Specific Relief Act (1 of 1877) , S.21(b)— Uttar Pradesh District Boards Act (10 of 1922) , S.82— Where in a petition under Art. 226 by an Engineer whose employment under a District Board was terminated by the Board after giving him salary for three months in lieu of notice the petitioner prayed for a writ in the nature of Certiorari for quashing the resolution of the Board and a writ in the nature of mandamus for restoring him in service and it was contended by the Board that the jurisdiction of the High Court even under Art. 226 of the Constitution was restricted by S. 21 (b) of the Specific Relief Act and that the remedy, if any, of the petitioner was to claim damages by suit for wrongful termination of employment and not a petition for a writ; Held that the powers of a statutory body are always subject to the statute which has constituted it, and must be exercised consistently with the statute, and the Court have, in appropriate cases, the power t....