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    <title>1996 (7) TMI 564 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=175942</link>
    <description>A municipal employee&#039;s dismissal had to comply with the mandatory disciplinary procedure under Rule 35 of the 1960 Rules, including the required reasons and findings. Because the dismissal order was passed without following that procedure, it was illegal, void and beyond jurisdiction. An order made in plain violation of mandatory statutory procedure cannot be treated as an act done in pursuance of, execution of, or intended execution of the Act, since statutory power must be exercised only in the manner prescribed. On that basis, the protective limitation bar under Section 253(1)(a) of the Gujarat Municipalities Act, 1963 did not apply, and the suit challenging the dismissal was not time-barred.</description>
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    <pubDate>Fri, 19 Jul 1996 00:00:00 +0530</pubDate>
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      <title>1996 (7) TMI 564 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=175942</link>
      <description>A municipal employee&#039;s dismissal had to comply with the mandatory disciplinary procedure under Rule 35 of the 1960 Rules, including the required reasons and findings. Because the dismissal order was passed without following that procedure, it was illegal, void and beyond jurisdiction. An order made in plain violation of mandatory statutory procedure cannot be treated as an act done in pursuance of, execution of, or intended execution of the Act, since statutory power must be exercised only in the manner prescribed. On that basis, the protective limitation bar under Section 253(1)(a) of the Gujarat Municipalities Act, 1963 did not apply, and the suit challenging the dismissal was not time-barred.</description>
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      <pubDate>Fri, 19 Jul 1996 00:00:00 +0530</pubDate>
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