Mandatory hearing and reasoned dismissal rules in municipal service law make non-compliant removal ultra vires and void.

A municipal dismissal was invalid because the governing service rules made a reasonable opportunity of hearing, recording of any written defence, and a written order with charges, defence, and reasons mandatory conditions for removal. Non-compliance was not a mere irregularity but an act beyond the municipality's power, and the dismissal was therefore ultra vires, void, and inoperative. In this statutory employment setting, the ordinary private master-servant rule limiting relief to damages did not apply, because the action breached a mandatory legal restriction and the principles of natural justice. Declaratory relief was therefore maintainable.

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Issues: Whether the municipal employee's dismissal was void for breach of the mandatory hearing and written-order requirements in the municipal service rules, and whether a declaration of invalidity could be granted.

Analysis: The service rules framed under the governing municipal statute bound the municipality and operated as legally mandatory conditions on the power to dismiss. Rule 143 required a reasonable opportunity of hearing, recording of any written defence, and a written order stating the charge, defence, and reasons. The dismissal was made without complying with those requirements, so the decision was not merely irregular but beyond the municipality's power. In such a statutory employment setting, the ordinary private master-servant rule limiting relief to damages did not apply, because the dismissal contravened a mandatory legal restriction and offended the principles of natural justice.

Conclusion: The dismissal was illegal, void, and inoperative, and the declaration in favour of the employee was rightly granted.

Final Conclusion: The appeal failed because the municipal authority's action was struck down for non-compliance with a mandatory procedural safeguard governing dismissal.

Ratio Decidendi: Where a statutory or rule-based dismissal procedure imposes a mandatory opportunity of hearing and written reasons, non-compliance renders the dismissal ultra vires and void, and declaratory relief is maintainable.

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